Client gone bust =- should I still get paid?

[monkeygeorge]

Thanks all.

My contract is with the agency.

Looks like I acted too hastily when the agent told me to go ahead and opt out, assuring me there's no problem and that most people do it. Of course no one expected this would happen.

I was intending to work a few days during the notice period but I don't see what difference it makes, unless it looks better for me if this does get to court.

Looks I have to read up on opting out for my next contract.

[TheBigYinJames]

Looks like I acted too hastily when the agent told me to go ahead and opt out, assuring me there's no problem and that most people do it.

They do. Although they shouldn't by law, you'll find in the real world, most agencies do discriminate against contractors who opt in. So if the market is tight (like this one) or you're going for a contract you really want or is very highly paid, any commercial disadvantage you give yourself can be deadly.

It's not about "growing a pair", it's about not disadvantaging yourself in a bear market were there's lots of competition.

Sure, once in a blue moon you'll lose a month's money, it's happened to most of us when one of the middlemen in the chain goes bust. But it's rare (may be less rare in the current economica climate though You only lose a month's money, and is it worth being ignored for all those other contracts for years over?

[d000hg]

Isn't it possible to write unpaid invoices off as part of your tax calculations eventually? If so, billing seems worthwhile.

[TheBigYinJames]

Isn't it possible to write unpaid invoices off as part of your tax calculations eventually? If so, billing seems worthwhile.

You can bet the agency will still be billing the client or their administrators.

[expat]

... the agent told me to go ahead and opt out, assuring me there's no problem and that most people do it.

Oh well, if the agent said so then it must be true

[BrilloPad]

Oh well, if the agent said so then it must be true

[badger7579]

Every cloud has a silver lining...... It'll look good from an IR35 point of view

[THEPUMA]

Thanks all.

My contract is with the agency.

Looks like I acted too hastily when the agent told me to go ahead and opt out, assuring me there's no problem and that most people do it. Of course no one expected this would happen.

I was intending to work a few days during the notice period but I don't see what difference it makes, unless it looks better for me if this does get to court.

Looks I have to read up on opting out for my next contract.

A couple of points which may be of interest. Firstly, opting out is ineffective if you have met the client by the time you sign the paperwork, which is usually the case, so that might be a way around it.

Secondly, are you a member of the PCG? If so, I think their subscription (it might be the more expensive version) insures you for such losses.

[monkeygeorge]

A couple of points which may be of interest. Firstly, opting out is ineffective if you have met the client by the time you sign the paperwork, which is usually the case, so that might be a way around it.

Secondly, are you a member of the PCG? If so, I think their subscription (it might be the more expensive version) insures you for such losses.

No, I didn't meet the client face to face.

Not, not a member of the PGC.

[blacjac]

You didn't have to have met them face to face.

You just had to be intorduced to them before the opt out for it to be invalid.