Termination of contract without notice

[tyne006]

Hi,

looking for some advice

I had a 6 month contract via an agency, worked a few days of it and then client claimed their HR dept screwed up and sent the wrong job spec out to the agency (massively different role, nowhere near my skill set so no way I could continue)

Agency denied any right to notice (none detailed within the contract on either side, bar the usual "gross negligence") despite accepting I was in no way at fault

Agency are relying on a clause that states if the client terminates the contract with them, they can terminate without notice (note that at no time have I received formal notice of termination)

I have had another agency employee state that this term is supposed to be invoked only if the agency loose their overall contract for supply (for instance, if the client company goes under or some other major issue)

Also reading around it sounds as if the term is far too general rather than a specific "if the client makes a mistake in their requirements...."

Payment was due to be made monthly, so from various research I have made it appears to suggest a months pay would be reasonable in this circumstance or if they fail to settle at that, damages resulting in the contracts entire value?

I have made several approaches for the months pay but they refuse and state they will pay only the 3 days I was on site and wil only pay that (without VAT!!!) if I sign an agreement not to take legal action

Now, whilst I have never taken legal action via my Ltd Co I have taken svereal court actions personally and 2 things strike me here -

1) Why ask me to sign this waiver if they genuinely believe I dont have a leg to stand on?

2) Even if I was to sign, I'm prettty sure it wouldnt be worth the paper its on as its obviously signed under duress


I would welcome your collective thoughts on this

[northernladuk]

Lots of points to discuss here. The only two I have are...

Payment was due to be made monthly, so from various research I have made it appears to suggest a months pay would be reasonable in this circumstance or if they fail to settle at that, damages resulting in the contracts entire value?

You only get what you have lost when you sue as a general rule. As you haven't worked it you won't get full value. You may get up to the earliest time they could terminate you but you have to sue. No one does, it just isn't worth it.

All in all a pretty dam poor situation to be sure but just keep writing letters to the agent for the one month as long as you dare without losing the 3 days, put it down to experience and spend more time looking for a contract.

This one is so wooly it will never come to anything, no one will go legal, no one will budge. Write your letters, expect to take your 3 days and start looking again IMO

[Bugbait]

1) Why ask me to sign this waiver if they genuinely believe I dont have a leg to stand on?

2) Even if I was to sign, I'm prettty sure it wouldnt be worth the paper its on as its obviously signed under duress

1) Standard clause for many out of court settlements. It's a "let's agree on both sides to sweep the small points under the carpet" agreement.

2) I really doubt your situation falls under the legal definition of duress to be honest. They are not unreasonably forcing you to do anything against your will. A loss of 3 days pay isn't financially debilitating in the contract or permie world.

It sucks but part of the many "risks" in contracting.

[NotAllThere]

I have made several approaches for the months pay but they refuse and state they will pay only the 3 days I was on site and wil only pay that (without VAT!!!) if I sign an agreement not to take legal action

They're obliged to pay the 3 days. For the rest - forget it. Just invoice them, and if they pay late, then start dunning. Don't even argue with them. Eventually it'll get to small claims, and then they'll have to cough up. btw - if you're VAT registered, they have to pay the VAT, so I don't know what that is about.

[Project Monkey]

Just bill for the three days and get on with looking for a new gig. If you persue contract remedies you'll end up wasting a lot of time and effort that you could have put into you next contract search.