Your post indicates you seem to be struggling understanding what you are doing as a contractor to some extent. I could be wrong from one post but there are many things that don't sit right with me. For example...
Permies expect that, not contractors. As long as you invoice when you leave it will be irrelevant.
If your working conditions are changing you've a number of problems, particularly IR35. The fact you want extra challenges and feel ignored plus the previous paragraph is screaming employee mentality. You are there to deliver what you were taken on to do. You appear to know this as you mention it later so why do you want more in this one? Contractors don't get extra challenges by default and expecting them every gig will leave you very disappointed. I'll be you are so far inside IR35 it's not true.
All that said I am making an assumption that IR35 is even relevant here.
Now before I've read any further I'd ask.. are you sure... CONTRACTUAL terms or have they dicked you about? It's pretty fundamental to your whole argument. At this point I'm willing to bet you've got this wrong but.....
So are any of these CONTRACTUAL obligations? You both signed up to these?
It was going to happen at some point. First time I've seen one actually go as far as issue an invoice for it. The fact he's done it for the entire length of the contract is a shame as it's bulltulip. He get's a replacement so he only loses his time to recruit and a few weeks. Shame he got this wrong.
How have they breached contract? You hadn't agreed those expenses had you? That's part of doing business. You were never going to charge them back
Bearing in mind your IR35 issues maybe not the biggest plus.
Extortion my arse.
Who knows, IMO an agent following through for losses for contractors breaching was going to happen at some point. Someone was going to get fed up and try it. Would be interesting to see what happens.
It's a complex situation as the contract hasn't even started but IMO you've breached and he can prove losses, lost commission for the two weeks plus time spent to replace you so does put him in a good place to win..... but.. it's going to be in the 100's of pounds so will it be worth it? Depends on whether he's willing to cut his nose of to spite his face. Unfortunately I doubt it.
yet am feeling underappreciated, underworked and undervalued.
Working conditions keep changing and despite my desire for extra challenges, I'm feeling ignored.
All that said I am making an assumption that IR35 is even relevant here.
In the meantime, the new client and agency didn't fulfil the terms of the new contract.
Two days before I was due to start, having already travelled up to the client premises once to deliver copies of my passport and the like, I felt I had to pull out as I had no accurate job description, had been contacted about attending onboarding sessions before the agreed start date (with no promise of remuneration and while I was currently working my notice for my current client), and had no joining instructions, despite asking for clarification several times and receiving assurance that this would be chased by the agent. I don't see how I could meet the "technical competence" requirements of the contract without being told what they were.
The agent was livid (understandably) and has now sent me an invoice for loss of commission over the entire planned length of the contract (about 5 months), in short over £5k.
There was a 2week/2week notice period on the new contract but they are seeking full recovery of their "losses" as I had breached the contract. I replied saying they had breached the contract but even if they hadn't, I had a 2 week notice period and their commission would be about the same as my incurred expenses so it feels fair to write it off on both sides.
On the plus side, my offshore client managed to hastily arrange a new contract so I have been able to stay with them. I do feel remorseful about this whole situation.
Now, the new agency is threatening to go legal if I don't pay up. Oh, and if I don't pay up, they'll never to speak to me again. And they might add on other unexplained charges that they consider they might incur as a result of a tarnished reputation. Although if I do pay, they will forget about all that (can anyone say extortion?).
What are the chances they will follow through with their threat? (I would gladly state my case in court, tbh.) Anyone else had this vindictive, personal behaviour from agents? Should I have even replied to their threats? I can't pretend to be unperturbed - I'm losing a lot of sleep over this.
It's a complex situation as the contract hasn't even started but IMO you've breached and he can prove losses, lost commission for the two weeks plus time spent to replace you so does put him in a good place to win..... but.. it's going to be in the 100's of pounds so will it be worth it? Depends on whether he's willing to cut his nose of to spite his face. Unfortunately I doubt it.
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