**termination with no notice - breach of contract**court case *help needed*

[TheFaQQer]

No one except the agency and the client know what happened to Kitty but imagine the scenario where client terminates the contract, pays the agency notice and the agency terminates the contractor without notice saying the client terminated. How is the contractor going to verify that?

Withholding payment in this situation is illegal under the agency conduct regulations and probably a breach of contract too because the contract wasn't terminated forthwith as the agency suggests.

I agree.

[TheFaQQer]

Is that definite, I thought measures were in place to protect against that? Or maybe those refer only to employment law?

As I said earlier

Unfair Contract Terms Act (1977) only applies to business to business where one party is dealing "on the other's written standard terms of business."

KittyCat has stated that (s)he received a set of their terms and conditions, which would imply that UCTA would apply. This assumes that what was sent and received was a set of standard terms and conditions, rather than a typical agency contract which could be negotiated. I think that there is a difference between the two (conceptually), but IANAL. Also, no-one here knows what was sent and received.

For reference:

A standard term is unfair if it creates a significant imbalance in the parties' rights and obligations under the contract, to the detriment of the consumer, contrary to the requirement of good faith.

Ref: OFT

In general, businesses are assumed to be free to enter into whatever contracts they agree between themselves - so you should make sure you're happy with the contracts you agree with other businesses.

Ref: Business Link

UCTA provides less protection to a business than a consumer because it is assumed that businesses can negotiate, whereas most consumers are given a take-it-or-leave-it scenario where they can't negotiate the contract. Was there a significant imbalance between the parties? (I don't think so, which would mean UCTA is irrelevant) Was there the opportunity to negotiate a fair contract? (I think there was, which would mean UCTA is irrelevant)

Just because life isn't fair doesn't mean that the contract is unfair in the eyes of the law.

[NervousRexx]

Burning Bridges

I haven’t read all the thread as some of Kitty’s posts are too difficult to make sense of (as mentioned by 1 poster e.g. no paragraphs). I’ve no idea on the legal side of things but others on here seem to be very knowledgeable in the area. Anyway before I start rambling on too, I advise Kitty to look at the future and try not to be blinkered as it’s easy to get into that mindset if you are set on something.

What about future interviews?

Interviewer: <usual stuff>
KC: <usual stuff>
...
...
...
...
Interviewer: So, Kitty was what the deal on contract X? What were your key achievements?
KC: Well, <usual stuff>, but it ended with me taking them to court...
Interviewer: <cough><cough> um, well, um, thanks for your time <cough><cough>. We’ll be in touch shortly...

Obviously, you can blag it or remove contract X from your CV. Personally for me, the stress wouldn’t be worth it. And have you written reference already secured from contract X?

[psychocandy]

Agree with Cojak. good luck to Kitty.

He/she seems to be enjoying themselves at least and its entertaining.

[NervousRexx]

its entertaining.

Blowing loads of cash isn't my idea of fun

[psychocandy]

Kitty - out of interest how much has this cost you so far?

[Wanderer]

Interviewer: So, Kitty was what the deal on contract X? What were your key achievements?
KC: Well, <usual stuff>, but it ended with me taking them to court...

Yeah but taking WHO to court? It's the agent we are taking about here - nothing to do with the client..... No client gives a tulip about agents.

[Big Bird]

Pretty Amazing Stuff

So you are saying that you were doing a good job, and your boss praised you. Then you were fired by the agency, and you didn't call your boss to find out why, and your boss didn't call you to find out why. What kind of work relationship did you have with your boss then? Who did you return your laptop to?

Three court cases in your career so far, that's pretty amazing! You must have met some really bad people out there. Sorry for you having to spend all those time.

[NervousRexx]

Yeah but taking WHO to court? It's the agent we are taking about here - nothing to do with the client..... No client gives a tulip about agents.

Doesn't really matter. A client wants an expert in their field for a few months to solve a problem. They don't want a trouble maker. Court cases are for permies/HR etc.

[NervousRexx]

You will not win, it will cost you a fortune, forget it and move on. We get someone teminated with no notice on a monthly basis here and not one of them fights it. You are seriously willing to pay 100's of pounds on solicitors fee's when .... oh I can't be bothered to go on..

It is part of contracting I am afraid and you have to swallow it and move on. Do a search using the words 'termination' or something and you will see what I mean. It happens.... alot. Might be worth reading all the other threads. It will go in to detail why it isn't worth fighting.

Oh.. and please stop with the ***'s and 'Help needed'. We can read, you are not the only one here and it is just, well my teenagers do it....

EDIT : Here is a list of all threads relating to Termination and Notice. You may see a common theme..

Google search on Contractor UK

Post #2 should have killed this one; somehow we are on #109.