Small claims court - agency / client ending contractors with no notice

**eek** · 12 March 2023, 18:44

Um, have you been paid for the days you worked.

if so nowt you can do

**northernladuk** · 12 March 2023, 18:59

I have experience with small claims court and the first thing you need to do is get your contract out and understand every single clause in there.

When you do you'll find you are paid for the days you work. The client can refuse to offer you work in which case you don't get paid. You're done. The contract can expire on it's own but the bottom line is you still don't get paid. To help you the clause will be something along the lines of you get paid upon receipt of a signed timesheet. No timesheet, not pay.

You can't take a client to court from money you didn't earn when the reason why is in black and white in your contract.

Welcome to contracting.

**PerfectStorm** · 13 March 2023, 07:22

When you did your contract assessment for IR35 almost certainly one of the things you would’ve attested to is that you had no mutuality of obligation, that is to say they weren’t obliged to offer you work, and you weren’t obliged to take it

Congratulations! You passed that test.

**SussexSeagull** · 13 March 2023, 10:45

Always slightly surprises me that agents don't serve notice then tell you there is no work for the remainder of the notice period so don't bother coming in to totally remove this question.

I agree with the others you are unlikely to get it but I suppose you could try and invoice for the days you would have worked and see what happens.

**northernladuk** · 13 March 2023, 10:51

Originally posted by SussexSeagull View Post

Always slightly surprises me that agents don't serve notice then tell you there is no work for the remainder of the notice period so don't bother coming in to totally remove this question.

I agree with the others you are unlikely to get it but I suppose you could try and invoice for the days you would have worked and see what happens.

I know. It's there in writing so why don't they phrase it as per the contract and there can be no argument. I imagine it's usually because the client is speaking to the contractors about notice which they shouldn't be doing. Very perplexing.

**SussexSeagull** · 13 March 2023, 11:07

Originally posted by northernladuk View Post

I know. It's there in writing so why don't they phrase it as per the contract and there can be no argument. I imagine it's usually because the client is speaking to the contractors about notice which they shouldn't be doing. Very perplexing.

I imagine the client's logic is that if they can't get hold of the agent to relay the message then, perish the thought, they might have to pay an extra day if they are honouring notice (which to be fair has always been the case when it has happened to me so far).

**avonleigh** · 13 March 2023, 12:22

Don't waste your time and money. You don't have any rights unfortunately. I have been terminated before without notice for no valid reason. Also, I handed in my notice in once expecting to work out 4 weeks notice and they terminated straight after. It's part of contracting.

**northernladuk** · 13 March 2023, 12:30

Originally posted by avonleigh View Post

Don't waste your time and money. You don't have any rights unfortunately. I have been terminated before without notice for no valid reason. Also, I handed in my notice in once expecting to work out 4 weeks notice and they terminated straight after. It's part of contracting.

There will be a valid reason. The fact you don't think it is is irrelevant. Could be budget, time, face doesn't fit whatever but the client will think it's valid.

**WTFH** · 13 March 2023, 13:08

Originally posted by LongermContractor View Post

Hi, does anyone have any experience with small claims court?

Myself and now another contractor have been finished weeks apart, with no notice....
It looks like the agency (or client), is recruiting, changing their mind a few weeks in, then ending the contractors with bogus excuses.

Note: Myself and the other contractor are have been over this 10 years each, so we're not new. We're just used to a little more professionalism.

I've experience of 14 months of legal wrangling with an agent over unpaid bills.

The way you have worded this, it has happened to more than just the two of you, or has happened to both of you on other contracts - that would make me ask if this was through the same agent or with the same client. If not, then it sounds like 2 contractors have had their contracts terminated, not that it is an ongoing situation.

So, the first question is: what does your contract say about termination notice periods?
The second question is: have you been paid for any work that you actually did?
The final question is: what are you wanting to take them to court for? (e.g. breach of contract)

Small claims court - agency / client ending contractors with no notice