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    #21
    Originally posted by Hardworker1 View Post
    No I left permanent employment to engage in a contract not what appeared to be a contract if you have nothing to bring to the table best you say nothing.
    Lesson 1. Do not stop applying until your bum is on the seat on site at clientco
    Lesson 2. Agencies are scum, they lie when they open theri mouth
    Lesson 3. Let this be a lesson

    Comment


      #22
      You do understand that you don’t have a contract with the agent don’t you?

      You joined an Umbrella, your contract is with the Umbrella only, the lower level contract between the agent & umbrella is none of your concern. I’d suggest that you have no knowledge of the contract terms in place between the those two parties.

      The facts are that the umbrella has not terminated or breached their contract with you, you have no claim against the lower level contract. You might be able to persuade the umbrella to ask for compensation on your behalf, but I’d suggest the chances of success are zero.

      As other have said, chalk this up to experience & move on

      Comment


        #23
        Originally posted by Hardworker1 View Post
        Incase anyone is interested:
        informed today that my contract to start next week has been terminated due to the company’s circumstances. I am now out of a job, and income, as I have left my previous employer last week. I have signed and agreed to a contract which was sent on behalf of a recruitment agency. As I am an IT contractor set up with a limited company, I am unsure who I can approach for recourse and what I could potentially receive for compensation, if at all?

        Blah, blah, blah
        tl;dr (I got as far as the bit above)

        As highlighted, you are an employee of your Ltd so you are not out of a job. HTH

        Comment


          #24
          Originally posted by Hardworker1 View Post
          People should do more instead of just accepting that people can mess you around and you have no recourse.

          <snip>
          You aren't the first poster to suggest that you have rights, and you won't be the last one. You asked for advice, and you've been given it. If you want to take that advice, then that's good; if not, then that's fine as well.

          Good luck with either (a) your legal campaign for justice; or (b) your search for a new role.
          Best Forum Advisor 2014
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          Comment


            #25
            Originally posted by Hardworker1 View Post
            Everyone see to say you should just accept this. However I've looked into this a bit more and I don't agree there is nothing you can do. Although you can certainly choose to do nothing and find another contract. I have a contract which has not been honored and the agency are in breach, even if it's not there fault and it's the fault of the client there is a breach. A contract is put in place for a reason especially where there is a dispute. People should do more instead of just accepting that people can mess you around and you have no recourse.
            <snip>
            All that "opinion" I snipped is correct...... and it is highly likely that your contract has a number of clauses that DO deal with this.

            Here is the "before the start date" one on my current contract:

            "The Client reserves the right to change its requirements (including the right to retract an offer of engagement) at any time before the
            commencement of the Assignment without any liability of the Client or <agent name> to the Consultant or Consulting Company whatsoever, save for the
            payment of Charges due and payable for services already performed. Such cancellation or amendment shall be effective immediately upon the
            giving by <agent name> of notice to the Consulting Company (which may be given by email or in writing)
            "
            Last edited by jmo21; 30 January 2015, 14:34.

            Comment


              #26
              Originally posted by Hardworker1 View Post
              No I left permanent employment to engage in a contract not what appeared to be a contract if you have nothing to bring to the table best you say nothing.
              No, you left your last job to work for another company (i.e. as an employee of YourLtd) that had a contact with another company (ClientCo) that was cancelled.

              The sooner you realise you and YourLtd are different entities with different rights and entitlements the sooner you'll get off your hobbyhorse and dip into the war chest and look for another contract in your role of Director of YourLtd.

              Comment


                #27
                Originally posted by Hardworker1 View Post
                Also I signed up with an umbrella company does this make any difference to the action I can take.
                Originally posted by Hardworker1 View Post
                As I am an IT contractor set up with a limited company, I am unsure who I can approach for recourse and what I could potentially receive for compensation, if at all?
                Do you know what your actual employment status is?
                Don't rant and change your story half way through

                Comment


                  #28
                  Originally posted by Magpie252 View Post
                  Do you know what your actual employment status is?
                  Don't rant and change your story half way through
                  This visit to ambiguity city made me chuckle
                  Polishing a turd near you!!

                  Comment


                    #29
                    Originally posted by Batcher View Post
                    tl;dr (I got as far as the bit above)

                    As highlighted, you are an employee of your Ltd so you are not out of a job. HTH
                    Where as I am all for being ultra pedantic about these things I don't think this one is strictly true. He's not an employee of his LTD unless he has a contract of employment. I think as Mal likes to say if we are automatically employees without a contract we would all be screwed
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment


                      #30
                      Originally posted by Batcher View Post
                      tl;dr (I got as far as the bit above)

                      As highlighted, you are an employee of your Ltd so you are not out of a job. HTH
                      That added nothing to the conversation.

                      Comment

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