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

[KittyCat]

Yes it is.

I now think kittycat is a sockie and might lock this thread.

whats a sockie?

[KittyCat]

Bit of a slip there old bean.

Is this "everyone is wrong except me" thread reminding anyone else of a certain someone in General?

Is everyone saying I am wrong then??? if so why dont they actually say that?

This is getting boring actually - its not really a reasonable discussion is it?

I've got some good info from the argumentative factor that seems prevalent on this site but it seems when any decent thoughts could be given - they are'nt? (with some exceptions)

Do whatever if you think I'm a sicky / socky / sticky or whatever it is

[d000hg]

Well KK, I'll admit I skimmed the last few pages as it was hard reading. Can you give a condensed summary of where you're at now, compared to the first post?

[SueEllen]

I do thoroughly regret the advice I gave in the pages above, I think I wasted far too much of my time on it.

It will be useful for someone else in a year or two.

Someone who can actually use the search facility that is.

[centurian]

No way is she a sockpuppet. No one could make this tulip up.

I think we know of one particular (former ???) member that could

[TheFaQQer]

This is getting boring actually

I think that's your first post that I've agreed with.

Assuming this is genuine, then I wish you all the luck in the world with the case. When judgement comes (which it looks like it will soon), I'd love to read the verdict, which is why I wouldn't want the thread locked. (Actually, I'd love to see it on Judge Judy, to be honest )

I'm not convinced that it will have much impact on the majority of contractors, though. I'm amazed that there isn't a clause in the contract which allows for immediate termination - I've not seen a contract without one in there, so I don't think that your situation is typical of the contracting world.

Anyway, once you have a result, just stick the case reference here, and then people will be able to either bask in your glory of sticking it to "the man", or commiserate with the trouncing.

[KittyCat]

Condensed Version

1. Accepted assignment with agency client as contractor with stipulated notice periods (notice was a fundamental part of the agreement - highlighted in bold etc in several emails/assignment/verbal)

2.Accepted contract as Ltd with Agency on T&C's / Assignment / Supplier Agreement: client / agency (all state notice & no immediate termination)

3. Started Contract

4. Signed tiny print T&C's after starting assignment - that were at the back of assignment schedule - was informed was same t&c's as sent.

5. Contract went v.well - notified on several occasions would be extended - offered a perm job by sister team to the one I was placed in.

6. Major project f***ed up by predecessor / wasted budget / Director fuming, end of year accountability due.

7. Major FUp project before my assignment began - I was not involved.

8. Terminated after 4.5 mths by agency - no reason, no notice, no payment in lieu. Told not to contact client or anyone at client site. Was told 'they can do that' & that the agency only knew an hour before telling me.

9. Requested reasons from agency - got the clause - 'if agency/client discuss can terminate with no notice'

10. Requested basis of 'discussion' of agency/client with regard to clause.

11. Response from agency that said response from client 'I was responsible for the F***ked up project.

12. Informed agency not responsible, never responsible, did not work there - provided proof & requested source of inaccurate information.

13. Also requested proof of discussion & proof that client did not pay agency - many times! Agency will not supply information.

14. Escalated with Agency thru complaints procedure - reached Director level, discussed & told 'Clients use us as buffer to get away with, your not the first, wont be the last - I expect we thought it would just go away as normally it does - bottom line is you want your money right, leave it with me'.

15. Director failed to get back to me. After more communications began court proceedings.

16. Agency defending with the clause, issued witness statement from the consultant who informed me saying it was known there was a problem several weeks prior to termination. (so has either lied to me in the email when stated they did not know anything until the day I was told - or has lied in witness statement).

17. Agency witness statement included email dated after the event from someone responsible for F***ed Project defaming my character & services - person was not my mgr, not in my team, not in same building, not even in same town - met said person max 3 times in group meetings.

18. Agency did not turn up to first court hearing.

19. Second hearing Agency requested strike out as no case & costs paid by claimant. Solicitor was babbling numpty who did not seem prepared. Stated my case as above specifically;
- Notice in Assignment Schedule
- Agency has not shown did not receive notice or payment in lieu
- Agency would not provide source of incorrect information
- Statement from witness is different to what has been informed prior
- email from client to agency after event & not mgr, team, town etc
- other info that showed there had never been any indication of any problem & I was requested / entrusted to represent client at senior level abroad (on my own)

20. Agency request to strike failed - directions given for fast track.

21. I have complied with all directions; disclosure list, witness statements.

21. Agency complied with disclosure statement - have listed no information prior to the date the termination occurred, have listed no witness statements.

22. Deadlines have passed both for disclosure requests & exchange of witness statements - I have complied - Agency have not. As stands - the requests I asked for have not been given (deadline about 3 wks ago) no response at all from Agency solicitors. No witness statements given by Agency.

23. Directions state that only the witness statements given can be used in court & that non-compliance of the directions means the claimant/defendant can request strike out & costs awarded.

There - thats all as stands - without any arguments of UCTA / Emp Agency Regs 2003 etc

[prozak]

So it seems you're going to win by default?

Just because the agent can't be arsed?

Well I guess a win is a win.

[KittyCat]

So it seems you're going to win by default?

Just because the agent can't be arsed?

Well I guess a win is a win.

I think it's more about 'why' they're not bothering - I've looked up cases for them & lets just say they're very active in that area (dont win much tho) & so are the client.

[psychocandy]

Remind me how much you're claiming for again? Is it just pay for notice period?