Breach of Contract - Notice Period

[RITVIK79]

Hello,
I wanted help / opinion on if I am facing breach of contract by my agency.
I started contracting from 21st May 2018, signed 6 months contract with my agency. The notice period for the termination of contract is stated as 4 weeks.

However with only 6 weeks in my contract, recently on 6th July, I was being told by my agency that the client is facing budget cut's and no longer want my services. The agency gave me 2 weeks notice as the end date of the contract. I clarified with my agency that the notice period is 4 weeks so they have to pay me for 4 weeks irrespective if I provide services to the client or not. They should be giving me 4 weeks of advance notice so that I can find other business within this notice period and also get paid during the time. The agency told me that they won't pay me for an additional 2 weeks because I will not be providing services to the client.

I believe my agency goofed up with my notice period because the agency has 2 weeks of notice with the client.

Below is the email communication from the agency.

As per previous conversations, your current engagement with client will be completed on 20th July 2018, the notice provided for this termination of engagement was on 6th July 2018.

I would like to refer you to the below points within your contract and to remind you that we have instructed your services through a “business to business” relationship, when advising you/your/supplier, this refers to the business you are employed through:-


3.4. The Company shall have no obligation to pay invoices (in full or partially) where:

3.4.1. it has not received the relevant funds from the Client in respect of the Services to which the invoices relates; and

3.4.2 the Company has not received a completed and authorised timesheet within 60 days of the end of the week to which the Services relate; or

3.4.3. the Supplier has not, for any reason, provided the Services.

3.5. The Company is under no obligation to provide, procure, or offer any work to the Supplier at any time.


As you are not able to provide services or authorised timesheets on behalf of the company, the agency during weeks commencing 23rd July 2018 and 30th July 2018, we, the agency, are under no obligation to provide any payment to your business. Furthermore, the agency are under no obligation to provide or procure services for your business to support on during this time.

On saying this, as mentioned throughout this period we will endeavour to find an alternative engagement to redeploy you on and hope we can continue to work together in the future. If you have any additional comments following the above message, please let me know and I will pass these on to our legal team, however, as mentioned on the call earlier, I have already passed this scenario over to them before which has provided the above notice. As a result, this may be the final stance.

Could someone help me out what are my options here?

Kind Regards,

[NotAllThere]

Which part of 3.4.3 are you having difficulty with? Did you not sign that part of the contract?

[RITVIK79]

Which part of 3.4.3 are you having difficulty with? Did you not sign that part of the contract?

I am not getting you. I have signed the contract.

[madame SasGuru]

Which part of 3.4.3 are you having difficulty with? Did you not sign that part of the contract?

Don’t you mean 3.5 which states that the customer has no work for you (as it can’t afford to pay) and so doesn’t need to pay you.

Sorry but short term changes in circumstances is common with contracts it’s why you are paid more

[RITVIK79]

Don’t you mean 3.5 which states that the customer has no work for you (as it can’t afford to pay) and so doesn’t need to pay you.

Sorry but short term changes in circumstances is common with contracts it’s why you are paid more

Then it means that notice period does not have any significance then. I am expecting 4 weeks notice as per contractual obligation, however I have been told to provide 2 weeks of service and for balance 2 weeks, I won't be paid.
This doesn't sound right to me.

[NCOTBAC]

Then it means that notice period does not have any significance then. I am expecting 4 weeks notice as per contractual obligation, however I have been told to provide 2 weeks of service and for balance 2 weeks, I won't be paid.
This doesn't sound right to me.

It's absolutely correct. You are on a T&M contract. No work, no pay. It says that in black and white in the contract you signed.
Welcome to contracting.

[NotAllThere]

Then it means that notice period does not have any significance then.

Not quite. It means you have to give four weeks notice.

Don’t you mean 3.5 which states that the customer has no work for you (as it can’t afford to pay) and so doesn’t need to pay you.

3.5 means they don't have to provide work, and 3.4.3 means if the OP doesn't do work (because the agency hasn't provided it), the agency doesn't have to pay any invoices relating to the period the OP didn't work.

[mudskipper]

You have four weeks notice.
Two of those weeks are paid.

Your contract does not say that you have four weeks paid notice.

I agree with the others, however, it may just be worth getting the agency to confirm in writing that they are not being paid the notice by the client - if they are, then as I read that clause, that payment should be passed to you. But it's unlikely the client would pay for services they're not receiving - if that was the case, then they'd keep you in the office for that period.

[LondonManc]

It's a harsh world is contracting, vastly stacked in favour of the client. Why? It's very simple; they're the ones with the money and the fancy lawyers and the agencies and contractors want said money, hence the clauses in the contract as quoted above. Clause 3.5 is particularly pertinent in your case - they've not got any work for you after the two weeks are up, so don't bother coming in.

Lick your wounds, get your cv updated and get back on the market.

[SueEllen]

In future when you get your contract reviewed and the notice is more than a couple of weeks, go back to the agent and get them to confirm in writing that the client is going to give you 4 weeks paid notice.