HELP!, agent threatening to take legal action over notice period.

[ChristinaO]

I was wondering if someone could give me some advice with regards to my husband. As you all know the contract market has been tough recently and after my husband was out of contract for a year, he took a very lowly paid contract with the expectation of leaving as soon as something better came along. Now this contract was shocking... it was £200/day project manager role so it was a significant pay cut. He got this through what I would consider a mickey mouse agency that I have never heard of, <<Name removed by moderator for the time being>>.

<<Agency>> knew how underpaid this role was so they insisted that he agree to work at least 3 months... and gave him a 28 day notice period on a contract. Pathetic. Because the rate was so bad it didn't and we knew it was temporary, it didn't make any sense to run under his or mine limited company ,so we went umbrella services.

He of course just got a better job, in line with what he is used to making and put in a 2 week notice. The client understands. Upon emailing the agent, the agent has refused to accept his notice, and said he must write to the Birmingham office but then would not give the address, as if email was not acceptable.

My husband believes the agency <<Agency>> has a contract with the umbrella services company and that he has a contract with the umbrella company. In any case, he never signed a contract with the umbrella company and the agency is threatening to take legal action. Can they even do this without a signed contract?

Also, if they can, can he not just stay on for another 2 weeks and call in sick every day? This is his last week and they are already threatening legal action yet he hasn't left yet. Help what to do..

[JamJarST]

Why did he sign the contract if he knew he wasn't going to honour it?

[NotAllThere]

Agents threaten legal action quite often. Very very occasionally they go through with it. This usually results in the termination of their contract with the client.

I'd treat it as an annoyance, but don't lose sleep over it. Legally, it's kind of interesting. The contractual chain is:

Worker is an employee of the brolly
Brolly has contract with agency
Agency has contract with client.

IANAL, but the only way I can see the agent could get satisfaction is if he sues the brolly for loss of earnings - requiring him to show loss, which seems difficult if the client are happy to let the worker go - and then the brolly would have to sue the worker. Can't really see it happening.

What to do? Have a chat with a lawyer who understands these things - e.g. QDOS perhaps or Egos. Are you or your husband a member of the PCG - use their legal helpline.

[northernladuk]

I would normally say something along the lines of what do you expect to happen if you purposely go out to mess people about to suit your own needs? You think it will go smoothly for you while everyone else carries the can?

But I won't cause I get in trouble for it.

[ChristinaO]

Why did he sign the contract if he knew he wasn't going to honour it?

He DIDN'T sign the contract and after close inspection, the umbrella company never emailed it either...

PS why can't I name the agency??? I think all contractors should know about this horrific agency?

Anyway, he just spoke with the agent who said they are going to sue for the full term of the contract not the notice period, like they refuse to accept his notice.

[JamJarST]

I would normally say something along the lines of what do you expect to happen if you purposely go out to mess people about to suit your own needs? You think it will go smoothly for you while everyone else carries the can?

But I won't cause I get in trouble for it.

Well not that it counts for much, but I agree with you.

[JamJarST]

He DIDN'T sign the contract and after close inspection, the umbrella company never emailed it either...

PS why can't I name the agency??? I think all contractors should know about this horrific agency?

Anyway, he just spoke with the agent who said they are going to sue for the full term of the contract not the notice period, like they refuse to accept his notice.

But he accepted the terms by undertaking the work. What is so horrific about this agency??? Your husband is in breach of contract but the agent is the bad guy for trying to enforce it?

[ChristinaO]

I would normally say something along the lines of what do you expect to happen if you purposely go out to mess people about to suit your own needs? You think it will go smoothly for you while everyone else carries the can?

But I won't cause I get in trouble for it.

It wasn't deliberately messing them about. The client was incredibly happy with his work and quite understood the circumstance. It's not for our own gain, you do realise there is a very tough market out there. In any case, with both jobs he was approached by agents and he did say at the beginning of the bad contract that this was more than 100% less that he was used to getting paid and he wouldn't want to stay long. The agency kept pushing and frankly, if you are going to lose your house, I trust you would do the same. He has given 2 weeks notice which is reasonable, please do not forget we are not permenant employees and therefore, a 28 day notice period is ridiculous. If the client is happy to let him go then why can't the agent. It's simply opportunistic.

Oh and the agency is horrific for other reasons, i.e. never paying him, not managing the contract properly. Thinking that this crap contract is a piece of gold... messing them about and frankly, the agent mus be about 19 and is new to the game.

[ChristinaO]

But he accepted the terms by undertaking the work. What is so horrific about this agency??? Your husband is in breach of contract but the agent is the bad guy for trying to enforce it?

Again, horrible for other incompetencies, like not paying him for weeks whilst the director was out in las vegas. I can only presume gambling my husbands pay...

[SueEllen]

This is his last week and they are already threatening legal action yet he hasn't left yet.

Firstly whether he sign the contract or not in England (except in a few circumstances i.e. property) the fact that he started working and didn't raise any recorded objection means he agrees with the contract terms.

Secondly the agent will have a problem suing him as the client doesn't want him on site and contractors contracts have clauses in them meaning if the client doesn't want you on site then you can't be on site.

Thirdly if your husband goes sick and gets a medical note from a medical doctor particularly if they are a specialist, the agency would have a hard time arguing in court that they know better than a medical doctor.

Finally agencies always threaten to sue. However they rarely do as going to court isn't cheap and some people don't have any assets.