Unreasonable behaviour??

[Paddy]

Sue the f**ker!

I have done it before and you will feel much better afterwards.

PM me if you want advice.

[TheFaQQer]

Contract has a 'usable' substitution clause, there is a fixed rate work 'to be corrected in own time' They Client acts lie someone who wants a permie, fully expensed, company phone even evening meals maybe getting the contract examined would be an idea, if the contract falls into IR35 they really are taking a liberty!

Makes no odds whether you are inside IR35 or outside it. If the contract says that they can terminate it, they will.

The best possible result is that they pay your notice period, plus the work you've done.

The best I would expect you to be able to get is to pay you for the work you've done.

The worst is that you see nothing.

[rz6bm7]

There is a great clause in the contract, I think lesson no 2 of this is resign in writting to the agency!

'No Payment will be due to the contractor if the services are, in the opinion of HN or the client, unaccepatable. The opinion of the Client or HN is final and HN is under no obligation to query the client in this regard.'

I will get some advice today but think, it's time to move on - thank **** I didn't stay with the client, the money they owe me is one thing, staying would have crushed my spirit as a human being! - in a strange way it was liike a permie experience, they client actually told me they were 'dissapointed in me' then marched me off the premises

[Old Greg]

There is a great clause in the contract, I think lesson no 2 of this is resign in writting to the agency!

'No Payment will be due to the contractor if the services are, in the opinion of HN or the client, unaccepatable. The opinion of the Client or HN is final and HN is under no obligation to query the client in this regard.'

I'm not a lawyer or expert, but that looks like an unfair clause - get your legal advice!

[Hex]

There is a great clause in the contract, I think lesson no 2 of this is resign in writting to the agency!


You should always resign in writing to the agency and tell the client only after the agency has confirmed receipt and if you want you can let the agency tell the client.

Your contract is with the agency not the client. If you had resigned to the agency before telling the client then it would have been much harder for them to refuse to pay you as you would have informed them you were terminating before the client contacted them. As it is you effectively put the ball in the client's court and let them control the termination by telling them first.

[TheFaQQer]

I'm not a lawyer or expert, but that looks like an unfair clause - get your legal advice!

What he said.

The clause basically says that they don't have to pay you if they don't want to. No need to explain, no need to investigate - they say it's unacceptable, so won't pay.

Invoice for the work you've done, and move on - by suffering the financial loss, it helps move you outside IR35.