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

[pmeswani]

My only question is ... Are they obligated to provide you with any work after the contract is signed, or are they entitled to terminate the contract with immediate effect if no work is avaiable, irrespective of the 20 day notice period? (MOO comes to mind). If MOO exists, then not only are you entitled to compensation, but you also may have been inside IR35. I personally would walk away.

[Fred Bloggs]

FFS, if you want a paid notice period, get a staff job and leave the contracts to the professionals. I always try (and I usually succeed) to negotiate any notice periods out of my contracts.

[thunderlizard]

Can I sue the agency or the bank for lost income + VAT + lost income due to not applying for other jobs ? Perhaps any other damages available? Do we have a case?

"lost income" - no, as you haven't lost anything. You've failed to make any sales to other customers, but that is not the same as making a loss. Without having a contractual clause that specifically provides for it, you'll have an impossible case trying to sue customer A for the lack of a customer B.
"VAT" - that's a laughable idea, as the VAT wouldn't have been your money anyway.
"other damages" - again no, because you haven't suffered any damages.

[keninparis]

Of course you can sue them.

Although that's the wrong question. The real question is would it be worth my while sueing them?

The answer to that is probably not.

You probably wouldn't win and if you did it would probably cost you more to go to court than you'd receive in compensation.

You're a contractor now, not a permie.

Please read what Cojak is saying. All this talk of legal action is nonsense

[Wanderer]

5.7 There is no us or the Client to offer the Consultant any work and if offered the Consulant is not obliged to accept. No party wishes to create or imply any mutuality of obligation between any performance of the Services between themselves either in the course of or between any performance of the Srervices or during the notice period. We are not obliged to pay you at any time when no work is available during this assignment.

Sounds like there was no work available for the 1 week notice period. The fact that they didn't give written notice isn't really here nor there. I understand your anger but doing business can be tough sometimes. I hate to say it but give up and move on is my advice, your energies are better channelled into looking for a new job.

If you really want to fight it out with the agency then send them an invoice for the week that you worked and then start dunning. When they don't pay, start action in small claims court which costs a minimal amount. Don't engage a lawyer because it will certainly cost you more than the case is worth and you can't claim legal costs in small claims court.

I don't think there is much more that people here can add to that now, you have our opinions - good luck and let us know how you eventually get on.

[prozak]

FFS, if you want a paid notice period, get a staff job and leave the contracts to the professionals. I always try (and I usually succeed) to negotiate any notice periods out of my contracts.

I tried that at my current role.

Renewal only came with 1 week left before contract end.

I told them i will only renew with a 1 week notice period. They said no. I said I'm not renewing. New contract starts next week. I was trying to be nice to give them a handover period. ho hum.

[Freedom]

1 week in my case was only applicable in the first month. They have not provided anything in writing, therefore, I believe they must serve 4 weeks from the date of written notice.

Question: if they are so sure they are correct, why are they so afraid to send me a notice in writing, even in a simple email ? What makes them hesitate so much? Could it be their fear of being wrong?

[psychocandy]

1 week in my case was only applicable in the first month. They have not provided anything in writing, therefore, I believe they must serve 4 weeks from the date of written notice.

Question: if they are so sure they are correct, why are they so afraid to send me a notice in writing, even in a simple email ? What makes them hesitate so much? Could it be their fear of being wrong?

Nope cos they cant be arsed more than likely and have moved on to more lucrative dealings...

[AussieDigger]

What is with all the posts about people getting binned and getting upset recently. There must be 3 on the first two pages. Why don't people do a bit of research first?? Do they think they are the only ones that have ever been finished with no notice or something??

What crappy advice....about as useful as a wooden frying pan.

[Freedom]

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.