Agency Invoicing for Lost Commission

[SantaClaus]

I think if the actual work given to you was nothing like the description on the contract then you have a good case because the agency would then be in breach of contract themselves.

You need to be able to back this up with documentation though.

Just read your message again. You told the agent in writing, but they did nothing to rectify the situation. So you gave them a chance to do this.

I'm not a lawyer (I deliver christmas presents ), but thats how I see it.

[youknowsit]

Thanks for all the info and advice guys, much appreciated.

Just as an update, they sent me all the documentation through which included a copy of the contract that I signed but sent them a scanned copy only. On this there is only my signature, they never signed it.

So quick question. Given they don't have a hard copy personally signed by me and they did not sign it themselves, does this help reinforce my argument?

[Epiphone]

Thanks for all the info and advice guys, much appreciated.

Just as an update, they sent me all the documentation through which included a copy of the contract that I signed but sent them a scanned copy only. On this there is only my signature, they never signed it.

So quick question. Given they don't have a hard copy personally signed by me and they did not sign it themselves, does this help reinforce my argument?

No. The last contract on the table takes precedence and you went to work so you're deemed to have accepted their contract.

[Sockpuppet]

The chances are they will let it go.

Agreed. Though in this climate anything is possible. Just take the longest amount of time to answer any questions. As for everything in writing by post. Drag it out to increase

What does your contract say? Does it have a notice period you have to give?

If so and you just walked off-site without notice then, in theory, the agency have the right to chase, and potentially sue yourco, for any lost income during that period.

If you have a notice period in your contract, then you are in breach and they could sue your company for damages for breach. However, they would need to pursue this in court, which they are unlikely to do.

Depends how its worded.

All my contracts have a pretty standard B&C reference that basically says "client co is not obliged to offer any work to myco and my co is not obliged to complete any work offered". This is added as a MOO defence.

If this is in there you can refuse the work and not be in breach. Same if they want to get rid of me. THey can termniate the contract and if I have a 30 day notice period they just say "no work offered for the next 30 days".

If I cancel the contract with 30 days notice. I can just say "not completing work for the next 30 days" and I've not breached the contract.

Never ceases to amaze me, the number of contractors who say they are businesses when IR35 is mentioned but dont act like proper businesses in reality.

Agreed. Though I did refuse to complete some work last year for a large pharmaceutical company. It was fixed rate work. They made several major changes after renegotiating the rate etc. Then I got conflicting e-mails began to get caught up in politics so I just walked. Said they could keep what they had half finished and said I wouldn't charge for it.

Lost a few £k but wasn't worth the grief I was getting for some extra work.