Contract terminated help

[diesel]

It was client who first called me to inform me of contract change. Then i immediately called agency who has also just received the news. I made it clear about the notice period in contract to agent, who said he will look into it. But when i mentioned to client they were very cold shoulder and basically did not want to know citing "no xxxx, theres no such thing as a notice period".

Maybe i need to write a letter/email to agent asking them to clarify in writing and confirming the contract termination and cite the clauses for termination and 5 days.
it will be interesting to see what "excuse" agency come up with, as i am sure they will do anything to avoid paying up.

[Clippy]

If you do decide to pursue the agency I'd try and find out beforehand, from the end client if possible, the reason for the early termination.

When you do decide to pursue the agency you can bet they will come out with some cobblers that the client wasn't happy with the standard of work.

If that ties up with what the end client has told you beforehand then at least you'll know it's not worth pursuing.

[northernladuk]

Normally I would point out that if there is no work they are not obliged to pay you so they can serve you 5 days notice but you do no work so there is no pay. They could you serve you 3 years notice but if there if you do no work you get no pay for the 3 years hence pointless. I got shot down in the last thread I mentioned that though. I guess it depends if it is worded in to your contract. The agent will only pay you if he gets paid. You did not work, agent doesn't get paid, nor do you?

Am surprised no one has pointed out the unfortunate option of taking on the chin. It is only 5 days and could be argued to be part of the risk of contracting.

[diesel]

Am surprised no one has pointed out the unfortunate option of taking on the chin. It is only 5 days and could be argued to be part of the risk of contracting.

Well you could argue that. But what heck is the point of having a termination clause in the contract?? As i said if terminated a contract on same day i am sure a agency/client will try and chase me up for losses or a week pay.

[northernladuk]

Well you could argue that. But what heck is the point of having a termination clause in the contract?? As i said if terminated a contract on same day i am sure a agency/client will try and chase me up for losses or a week pay.

I totally agree but we get such a lot of these questions and no one ever seems to come back with a win. I would be very interested to hear how many people actually fight this and win and how many just have to walk. Might start a thread to ask.

[Wanderer]

I totally agree but we get such a lot of these questions and no one ever seems to come back with a win. I would be very interested to hear how many people actually fight this and win and how many just have to walk. Might start a thread to ask.

I'd be interested to know from an agent's point of view what the notice period in a contract actually means in reality....

[northernladuk]

I'd be interested to know from an agent's point of view what the notice period in a contract actually means in reality....

Same. I imagine it is largely irrelevant and is a period of unrest where whichever party throws a fit for awhile and then eventually calms down. Unless someone is willing to take it legal its just word son a piece of paper so just a war of words really. Have started a thread in Business to see if we can get some feedback

[theroyale]

I was terminated in similar circumstances from a contract a few months ago. While my battle wasn't on notice period pay it was on outstanding invoices. I got the exact same cavalier attitude from both the client and the agency. I had to meet the director of the agency personally, explain the situation to her (ie make clear that my dealings are with agency Only, and not with client: which is what people here are asking you to do) and then hold my ground as to what I'm owed, and at the end of that (heated) discussion got an email out of her that stated that All outstanding invoices would be paid within 45 days. You need to have a similar discussion with your agency (as high up as possible) and get something similar in writing. 45 days later nothing had happened, and then I had to send out an official-sounding email to the agency stating that their time was up and they were now legally obliged to pay my arrears. I finally got the money I was owed.

I'm a little surprised that fellow-posters aren't more than a little outraged at what has happened to Diesel here. If we as contractors take this sort of thing lying down it only encourages more cavalier behaviour from both companies and agencies.

And surely going to court/initiating proceedings is an expense (of time and money) on both sides. Something both sides will want to avoid having to do just as much as the other.

[diesel]

I was terminated in similar circumstances from a contract a few months ago. While my battle wasn't on notice period pay it was on outstanding invoices. I got the exact same cavalier attitude from both the client and the agency. I had to meet the director of the agency personally, explain the situation to her (ie make clear that my dealings are with agency Only, and not with client: which is what people here are asking you to do) and then hold my ground as to what I'm owed, and at the end of that (heated) discussion got an email out of her that stated that All outstanding invoices would be paid within 45 days. You need to have a similar discussion with your agency (as high up as possible) and get something similar in writing. 45 days later nothing had happened, and then I had to send out an official-sounding email to the agency stating that their time was up and they were now legally obliged to pay my arrears. I finally got the money I was owed.

I'm a little surprised that fellow-posters aren't more than a little outraged at what has happened to Diesel here. If we as contractors take this sort of thing lying down it only encourages more cavalier behaviour from both companies and agencies.

And surely going to court/initiating proceedings is an expense (of time and money) on both sides. Something both sides will want to avoid having to do just as much as the other.

Thanks for your reply.
So far i am owed last weeks pay (invoiced already) and this as week notice for lieu. Been on leave today and had no news from agency or client to confirm last week. I am suprised agency did not reply to my email and invoice for this week. Does this mean theoretically i should tell client and ageny that i will still turn up at the office as no one has confirmed?

TheRoyal - did you send your agency a letter from a solicitor? or is there some sort of online legal/debt collection system that can send a threatening letter for a fixed fee? Or if i give them 30days notice can i use small claim court?

I am sure if more contractors club together maybe we can get the wordings changed with contract so that a notice period actually means something, not some BS that these companies can stand on us contractors when they feel like it.

[Wanderer]

TheRoyal - did you send your agency a letter from a solicitor? or is there some sort of online legal/debt collection system that can send a threatening letter for a fixed fee? Or if i give them 30days notice can i use small claim court?

1. Calculate late payment interest and penalty
2. Take legal action

You don't need a solicitor to send the letters, though you may find one that will do threatening letters for a few quid. No agency is going to want to fight a court case unless they think they have a really strong case. Don't forget that you are sending all this to the Agency, NOT the client. It's up to the agency to deal with the client.