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Agent terminated contract with no notice

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    Agent terminated contract with no notice

    My agent terminated my contract without notice for my services to end my client. This is due to management problems between the agent and client.

    Unfortunately this has left me in limbo seeking a new agent.

    My contract was between my LTD Co and the Agent and it is stated a 5 day notice period. Does that mean the agent is liable to pay me for 5 days work? If so how do i go about claiming this?

    #2
    Originally posted by diesel View Post
    My agent terminated my contract without notice for my services to end my client. This is due to management problems between the agent and client.

    Unfortunately this has left me in limbo seeking a new agent.

    My contract was between my LTD Co and the Agent and it is stated a 5 day notice period. Does that mean the agent is liable to pay me for 5 days work? If so how do i go about claiming this?
    Did you opt-in or out of the regulations? Also, what does your contract state about going direct or via another agency with the client you were with?

    You may find that you may have to pay Agency A a fee for going to another agency or going direct.
    If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

    Comment


      #3
      Originally posted by pmeswani View Post
      Did you opt-in or out of the regulations? Also, what does your contract state about going direct or via another agency with the client you were with?

      You may find that you may have to pay Agency A a fee for going to another agency or going direct.

      Opt out - yes
      End client had dictated to go with another agent
      Notice period is 5 days by either party.

      But this contract had expired last week they were due to issue another on Monday, but then got a call saying all terminated as client not paying agent. I am pig in middle

      Comment


        #4
        Originally posted by diesel View Post
        Opt out - yes
        End client had dictated to go with another agent
        Notice period is 5 days by either party.

        But this contract had expired last week they were due to issue another on Monday, but then got a call saying all terminated as client not paying agent. I am pig in middle
        As the contract has expired, the agency are not required to give you notice. Some may argue that as the agency are not able to place you in that role, they cannot enforce the clause in the contract. I would suggest getting some legal advice first and then go to another agency, or go direct.
        If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

        Comment


          #5
          Originally posted by diesel View Post
          Notice period is 5 days by either party.

          But this contract had expired last week
          So you want notice on an expired contract? Where is that "you must be dreaming mate" smilie?

          Comment


            #6
            Contract expired, so probably no five days notice.

            Ask the client whether you can go direct, or, if you have to use an agent, whether they care which one, or if they can give you a list. Ring around a few agencies and find one that a) you can work with, b) have a lowish margin when you've found the contract and c) are financially secure.

            Your initial agency may threaten to sue you, but they'd have to prove they'd made a loss by you going with someone else, or direct. Which would be difficult since it's them losing the client that caused this. ( They may sue the client, but it's up to the client if they want to risk that ).

            IANAL - take legal advice if you're worried.
            Down with racism. Long live miscegenation!

            Comment


              #7
              Originally posted by Archangel View Post
              So you want notice on an expired contract? Where is that "you must be dreaming mate" smilie?
              I'm trying to find it too!

              Comment


                #8
                Originally posted by Archangel View Post
                So you want notice on an expired contract? Where is that "you must be dreaming mate" smilie?
                I lent it to him the other day. He hasn't returned it yet.
                If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

                Comment


                  #9
                  i was supposed to have a new contract in place before it got terminate. unfortunately due to the reasons given by the agency and client i am not entitled to claim 5 days pay as theres a clause in the contract for exceptional reasons i.e. client not paying agent!

                  Comment


                    #10
                    Of course even if you did have notice : are they obliged to provide you with work?

                    If yes its a bad IR35 pointer.....

                    Comment

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