Breach of Contract

[SueEllen]

Thanks to everyone for thier advice, much appreciated.

I gave the agency and the client intailly 2 weeks notice which i managed to extend by a further week.

I do have the right to sub but the two people I put in for the role weren't suitable (they also need SC Clearence in place).

What other agencies are on the client's PSL?

I'm not the sort of person to feign illness but if I did would this not stop me from starting another contract?

If the client is pissed of with you then if you ever need a reference they will give you a bad one. However most contracts don't need references and most companies refuse to supply them for contractors.

Could I close the Limited company and remove the assets from the business account?

No need to go that far. Agencies threaten people because most are useless at doing the work they are given.

Hence you are better of working with the client and the other agencies on their PSL to find a replacement for you. I bet if you write the advert then a replacement can be found in a reasonable amount of time for another agency.

[PSK]

I am sorry to hear about your circumstances.

You've probably tried already and you mentioned the client aren't happy but your agency problems might be addressed if you can persuade the client to terminate you. You might find a more sympathetic ear with the client that with an agent who has a direct financial interest in you staying there.

It will depend on your contract and the circumstances but I'm not sure a sick note would necessarily help your companies contractual position.

Good luck.

[kennymc]

Update

Well,

I gave my old agency and end client three weeks notice for which I have not been paid. Also, my old agency are refusing to give my new agency a reference (i'm SC Cleared and this reference is required for me to continue to work on site).

My advice to all the new starters at contracting is, never take on a contract that does not have a notice period. It may seem obvious but I have seen a few (and I mean a few) contracts with no notice period in them (in the three cases, the end client were defence sector companies).

[NotAllThere]

I'm confused. Who is this new agency?

I suggest you start dunning your old agency for the outstanding payments. Don't forget to add the admin charge and interest. www.payontime.co.uk You have, it seems, made efforts to mitigate the agencies loss. A basic point of law is that the agency cannot withhold payment if the work has been done. If they want damages, they must sue for it.

Get some proper legal advice about the reference. It's entirely possible that the agency is behaving improperly. Ask your new agency to work with you on this.

[kennymc]

I'm confused. Who is this new agency?

I suggest you start dunning your old agency for the outstanding payments. Don't forget to add the admin charge and interest. www.payontime.co.uk You have, it seems, made efforts to mitigate the agencies loss. A basic point of law is that the agency cannot withhold payment if the work has been done. If they want damages, they must sue for it.

Many thanks for the advice, I have e-mailed them asking whether they are going to pay me or not, if the say no, or take longer than 5 days, I'll see my solicitor.

[/QUOTE]Get some proper legal advice about the reference. It's entirely possible that the agency is behaving improperly. Ask your new agency to work with you on this.[/QUOTE]

My new end client require a full official three years employment history, any missing dates result in non-complience with there security policy, which results in me not being allowed back on site. Therefore, the agency I'm working through are thrying to gain the relevant info from my last agency.

I found out that my previous agency are part of the REC who state that consultancies have an obligation to "provide confirmation that you completed a specific contract successfully along with the dates you worked". The request for reference has now been re-submitted and I should have that info within the next few days.