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Breach of Contract or Not?

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    Breach of Contract or Not?

    Hi

    I am currently working on a contract through an agency but being paid through an Umbrella company. Currently working on a project which is being delivered by a 3rd party supplier, my employer has decided to end the contract early. I was contacted by a different agency to which I am currently with about a role which is on the same project but being employed by the 3rd party supplier..... my current agency are now saying I may be in breach of contract is this correct?

    Thanks
    Last edited by brodge; 29 January 2018, 21:21.

    #2
    Take a look at your contract and specifically for a handcuff clause. Then take some real legal advice.

    There are however plenty of threads discussing handcuff clauses. So have a search.

    Comment


      #3
      Originally posted by brodge View Post
      Hi

      I am currently working on a contract (using an Umbrella as inside ir35) and working on a project which is being delivered by 3rd party supplier (through Agency A) and employer has decided to end contract early. I was contacted by Agency B about the role which is on the same project but being employed by the 3rd party supplier..... Agency A are now saying I may be in breach of contract is this correct?

      Many Thanks
      What does your contract say about engaging agency B?

      It probably is a breach but the devil is in the detail. And agencies are generally good at the detail on this subject.
      See You Next Tuesday

      Comment


        #4
        Originally posted by Lance View Post
        What does your contract say about engaging agency B?

        It probably is a breach but the devil is in the detail. And agencies are generally good at the detail on this subject.
        Thanks Lance, I've slightly reworded my question. Probably doesn't change your response...

        Comment


          #5
          Take the gig with Agency B, that way you will know

          a) if AgencyA are serious and
          b) you'll know if you really are in breach of contract.

          Good luck.

          qh
          He had a negative bluety on a quackhandle and was quadraspazzed on a lifeglug.

          I look forward to your all knowing and likely sarcastic and unhelpful reply.

          Comment


            #6
            If the client ended the contract, then I can’t see how the agent can argue loss of earnings.

            Though I’d wonder why the client would terminate you with 1 agency but hire you back with another? Either there’s no work or you’re no good. Or that the don’t like the agency. Something isn’t right it this.

            Comment


              #7
              Originally posted by VillageContractor View Post
              If the client ended the contract, then I can’t see how the agent can argue loss of earnings.

              Though I’d wonder why the client would terminate you with 1 agency but hire you back with another? Either there’s no work or you’re no good. Or that the don’t like the agency. Something isn’t right it this.
              I'm not being employed by the same company i'm being employed via the 3rd party supplier who is delivering the project.

              Comment


                #8
                Aren't you being employed by your umbrella?
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by brodge View Post
                  Hi

                  I am currently working on a contract through an agency but being paid through an Umbrella company. Currently working on a project which is being delivered by a 3rd party supplier, my employer has decided to end the contract early. I was contacted by a different agency to which I am currently with about a role which is on the same project but being employed by the 3rd party supplier..... my current agency are now saying I may be in breach of contract is this correct?

                  Thanks
                  It is not clear who your end client currently is (client, not employer). Is it the project or the 3rd party supplier. Has the project decided to get rid of you, or the 3rd party? For what reason?
                  Down with racism. Long live miscegenation!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    Aren't you being employed by your umbrella?
                    Very true. The End client have ended the contract early

                    Comment

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