Contract offer retracted, after signing contract. No notice or payments provided!

[malvolio]

I am pleased to say that I have reached a settlement with the agency (cheque now clearing). It had taken all these months and a solicitors and debt collection lawyers. Nearly had to go to court.

I can say I received about a couple of weeks of pay (however, a significant portion of it was paid to lowyers).

My victory is one for all and every contractor in the industry. Yes, even for the eternal pessimists. I would like all who read these words to learn from my victory and from my mistakes also.

Lessons learned from past mistakes:
- Insist on opting IN rather than out of Conduct Regulations 2003. No matter what anybody says. These regulations protect you against dishonest agencies!!!
- Buy legal protection insurance, that specifically covers dishonoured contracts, non-payments by agencies etc. Not just IR35 compliance!!!
- If/when you contract is terminated without a valid notice as per cotract, make sure to actually turn up for work! I repeat, turn up for work! You will surely be sent back home, but then they will be forced to pay you until the proper notice is served!

Above all, stand your ground firmly. Respect your own legal rights, and do not accept dishonesty from agencies. No matter what anybody tells you, the only worthwhile advice is from qualified legal professionals.

That's not a victiory. You have just proved that we are all disguised employees and should be taxed as such. Which is not exactly what we're trying to prove.

So well done. All that money and time wasted for precisely the wrong result.

[cojak]

And I'll still opt-out. Thanks all the same...

[northernladuk]

If/when you contract is terminated without a valid notice as per cotract, make sure to actually turn up for work! I repeat, turn up for work! You will surely be sent back home, but then they will be forced to pay you until the proper notice is served!

So effectively rendering your own MOO in your contract useless which is one of your main IR35 get outs. Losing those investigations will end up costing you alot more than a few quid in your pocket and a pat on the back.

and what Mal said...

[craig1]

Not really wanting to dig in further but please do the following:

1. Make a conservative guess at how many hours you've put into this. Include your time with lawyers (inc prep work), haggling, negotiating, court time, time on this forum (and others), etc.

2. Calculate your expected hourly working rate (the contract in question would be ideal for this calc)

3. Multiply them together.

If the figure you get from the above is under your net settlement (after lawyer's fees, etc.) then you're probably delusional about 1.

If the figure you get from the above is more than your net settlement then you've just wasted your time, money, credibility and most probably health.

[psychocandy]

I am pleased to say that I have reached a settlement with the agency (cheque now clearing). It had taken all these months and a solicitors and debt collection lawyers. Nearly had to go to court.

I can say I received about a couple of weeks of pay (however, a significant portion of it was paid to lowyers).

My victory is one for all and every contractor in the industry. Yes, even for the eternal pessimists. I would like all who read these words to learn from my victory and from my mistakes also.

Lessons learned from past mistakes:
- Insist on opting IN rather than out of Conduct Regulations 2003. No matter what anybody says. These regulations protect you against dishonest agencies!!!
- Buy legal protection insurance, that specifically covers dishonoured contracts, non-payments by agencies etc. Not just IR35 compliance!!!
- If/when you contract is terminated without a valid notice as per cotract, make sure to actually turn up for work! I repeat, turn up for work! You will surely be sent back home, but then they will be forced to pay you until the proper notice is served!

Above all, stand your ground firmly. Respect your own legal rights, and do not accept dishonesty from agencies. No matter what anybody tells you, the only worthwhile advice is from qualified legal professionals.

So you did turn up on the door then?

[stek]

A cheque? Yeah right!!

I am catching the faint whiff of bullshït here....

[BolshieBastard]

And I'll still opt-out. Thanks all the same...

Why, when all the advice I can see on this site points towards opting in?

[malvolio]

Why, when all the advice I can see on this site points towards opting in?

Because you'll get a worse contract from the agency, and the "protections" you get by opting-in don't actually work 99% of the time?

[SueEllen]

Because you'll get a worse contract from the agency, and the "protections" you get by opting-in don't actually work 99% of the time?

You won' t necessarily get a worse contract but the type of agencies that don't chase you to opt-out know the client always uses agencies.

[craig1]

Because you'll get a worse contract from the agency, and the "protections" you get by opting-in don't actually work 99% of the time?

I've never opted out and never had a poorer contract because of being opted in. The two times that agencies have tried, I've stood my ground and they backed down rather than lose a candidate with an offered position. I'd rather walk than be opted out, just out of sheer principle.