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

[Wanderer]

So let's get this straight. In the interests of pursuing a case for damages on the basis that you have been treated unfairly, ILLEGALLY (your empahsis) and fraudulently, you intend asset stripping your company and concealing the resultant personal income so that if you lose the case the defendants will have no comeback against you for their losses. Whereas if you win - which given the random nature of our legal system is still a faint possibility - you will be claiming money for work that was never done, plus damages, plus the costs of taking this vexatious action to court.

So, in your view this is a lose/lose situation. If the judgement goes in KittyCat's favour then that makes KittyCat a "vexatious serial litigant".

The courts are not stupid, they will know full well if the plaintiff is being vexatious. Let's let them judge the case and see what the outcome is rather than prejudging it based on a personal opinion that contractors running a small business should bend over and take it when they get shafted by a larger company. Who knows, it could be an interesting example to us all.

As for a LTD company running down it's assets before a case so it can cease trading if it loses, that's just how a small business mitigates the risk of taking on a larger one in court. If you think it doesn't happen all the time then you are pretty naive.

[jmo21]

It IS ILLEGAL to hold monies that are intended for someone else!! we are now getting into the accountancy of it - & IT IS ILLEGAL - if they were paid & have cooked their books they need to be investigated - by ALL bodies - laws have been broken

There are 2 separate b2b contracts though. The money is not intended for you, it is the agencies notice money.

In most cases the agent WILL then pay notice, but they are not, despite what you think, withholding money meant for you, and therefore it is not illegal.

If you still think it is, please quote the law that says this.

[Wanderer]

The money is not intended for you, it is the agencies notice money.

Not true. The client pays the agent, the agent takes their cut and pays the worker. It is illegal for them to withhold payment from the client.

If you still think it is, please quote the law that says this.

Read the Agency Conduct Regulations.

[downsouth]

so the contract in question is between the OP and Agency which has 'no notice' and no payment in lieu of notice clause??

but the contract between Client and Agency does/may have a 'notice payment'

Why you think you should get this notice payment when your contract has a 'no notice' and no payment in lieu of notice' clause??

We are not talking about payment for services provided, that will always be paid, but the notice payment is nonsense, why you think you should get this notice payment when your contract doesn't contain it??

[Wanderer]

but the contract between Client and Agency does/may have a 'notice payment'

No one knows that except the agency and the client but that is the presumption. There is also a suspicion that the agent may have been paid for the notice period but not passed this on to the contractor though there doesn't seem to be any proof of this because the agency won't comment on it.

why you think you should get this notice payment when your contract doesn't contain it??

Because the contractor-agency contract does in fact contain a 4 week notice period.

It will be interesting to see how the court rules on this one.

[NervousRexx]

No one knows that except the agency and the client but that is the presumption. There is also a suspicion that the agent may have been paid for the notice period but not passed this on to the contractor though there doesn't seem to be any proof of this because the agency won't comment on it.



Because the contractor-agency contract does in fact contain a 4 week notice period.

It will be interesting to see how the court rules on this one.

KC obviously won't disclose where/when the court case is taking place but these things are public so hopefully I'll find out as I'm very interested to see what happens. Hopefully my research will be successful and I'll be in court.

[northernladuk]

KC obviously won't disclose where/when the court case is taking place but these things are public so hopefully I'll find out as I'm very interested to see what happens. Hopefully my research will be successful and I'll be in court.

My money is on it not going that far.

[NervousRexx]

My money is on it not going that far.

Not really sure but think I've said enough of this one. But will keep an eye out.
<mute>

[jmo21]

Not true. The client pays the agent, the agent takes their cut and pays the worker. It is illegal for them to withhold payment from the client.



Read the Agency Conduct Regulations.

I thought he'd opted out ?

[Wanderer]

I thought he'd opted out ?

Nope:

I did'nt opt in/out of anything