Question re contract cancelled before started

[Leightonr]

I recently left full time employment to return to contracting. However, having signed a contract, worked my notice and left my permanent job, one working day before the contract was due to start I got a phone call to say that the contract had been cancelled.
The notice clause in the contract says

This Agreement shall commence on date (the "Commencement Date") and ..... until terminated by either ?????? or the Consultancy giving to each other 2 weeks written notice.

The date preceded that date that I was notified of cancellation but the actual starting date specified in the schedule was one working day later than when I had been notified.
Here's the thing - I expected to be paid two weeks notice. The sudden cancellation has caused some cash flow problems but the Agency say that they are not going to pay
Anybody experienced anything similar and have any advice.

[BrilloPad]

Sorry to hear that.

Alas the reality is you will be better off walking away.

You could try going to small claims court. Is it worth it?

Very annoying when it happens.

[Scruff]

No signed off time sheet, nothing to invoice = nothing to be paid. This is part of the Entrepreneurial Risk that as a contractor, one has to accept...

Check your contract for any terms to the contrary?

[Leightonr]

Under the Article listing when the Agent has a right to terminate, it does not include anything about the contract with the end Client being cancelled. Also there is no mention of a timesheet being required - just the invoice.

It also says

If written notice pursuant to Article13 is given by xxxxx to the Consultancy to terminate this agreement xxxxx may notwithstanding any other terms of this agreement:
(a) require the Consultancy through its employee the Consultant to perform such services as xxxxx may designate so long as such services are not demeaning; or
(b) require no services to be performed under this Agreement,
until the expiry of the notice period on condition that xxxxxx will continue to pay the Fee to the Consultancy in accordance with Article 13.

Thanks for the advice. I've decided definitely to pursue it. Would all agencies act like this ?

[cojak]

Under the Article listing when the Agent has a right to terminate, it does not include anything about the contract with the end Client being cancelled. Also there is no mention of a timesheet being required - just the invoice.

It also says


Thanks for the advice. I've decided definitely to pursue it. Would all agencies act like this ?

Yes, most probably would. Many of us have been in your position which is why the general advice is to move on and find another contract asap.

Good luck in your actions though.

[SimonMac]

Thanks for the advice. I've decided definitely to pursue it. Would all agencies act like this ?

Good luck, would be interesting to know your progress

[tractor]

....

No signed off time sheet, nothing to invoice = nothing to be paid. This is part of the Entrepreneurial Risk that as a contractor, one has to accept...

Check your contract for any terms to the contrary?

Wrong advice.

You need to ask whether the OP is opted out first and if they are, then is there a clause that required a timesheet before invoices can be accepted. If they are not, then payment can not be dependant upon a timesheet, signed or otherwise.

You can minimise the risk you speak of by negotiating more acceptable conditions at the outset.

To the OP, if you are hell bent on pursuing it, prob best course is small claims, which you can deal with online I think.

[northernladuk]

Wrong advice.

You need to ask whether the OP is opted out first and if they are, then is there a clause that required a timesheet before invoices can be accepted. If they are not, then payment can not be dependant upon a timesheet, signed or otherwise.

You can minimise the risk you speak of by negotiating more acceptable conditions at the outset.

To the OP, if you are hell bent on pursuing it, prob best course is small claims, which you can deal with online I think.

But even for the no timesheets idea to work there has to be some agreement some work was done. Can't fall back on this expecting to get paid notice period when The OP never even stepped foot on client site.

[tractor]

...

But even for the no timesheets idea to work there has to be some agreement some work was done. Can't fall back on this expecting to get paid notice period when The OP never even stepped foot on client site.

Any advice here has to be on the assumption that the OP indeed has a case and is prepared to pursue it. The only person qualified to answer that one is a lawyer and even then it will be heavily caveated no doubt.

My advice was limited to the requirement for a timesheet or lack thereof.

[psychocandy]

You a member of IPSE?