Contract Advice

[digerido]

Hi, I hope this makes some sense. It still doesn't make much sense to me!

I was hired by an agency to work on behalf of an agency (contract is with the agency)at the end clients site I arrived but there was a mix up with the roles; as in the PM thought he would have someone to complete role A and I was there to complete role B. Therefore I am no longer a requirement. It is an entirely different role to what I usually do. I was interviewed by the agency for the role against the job spec the end client issued, I was not interviewed by the end client.

While the end client, internal resource manager and the agency try and rectify the situation and discover where the break down in communication has taken place my contract has still not been terminated, I am at home waiting for a phone call to inform of what is happening. I do ring the agent on a daily basis but there hasn't been an update.

I appreciate I am not in the office and not working but I do feel this is not a mistake I have made so I presume I can invoice for this week and if they do terminate the contract today I should invoice for the termination period also. Is this correct?

It's a major balls up in my eyes and I don't want to kick up a fuss as I've worked for the end client before but I'm a business who committed to the original contract, I feel it would be naive of me just to walk away with nothing. Any opinions?

Thanks,

[cojak]

Invoice for everything up to the day of termination.

It's their cock-up, not yours and you should not expect to be out of pocket because of it.

[northernladuk]

Invoice for everything up to the day of termination.

It's their cock-up, not yours and you should not expect to be out of pocket because of it.

But what about the old addage of no work, no pay. Lets look at the situation where you were contracted to start on the 1st but the client/agent turns round and says we don't need you until the 7th. You would be annoyed by this but you wouldn't expect to invoice for the delay. Not the same situation granted but similar. You are in contract but not working.

Thing is you need to read your contract and understand your opt-in opt-out situation. Might not make a difference but need to know exactly where you stand, particularly around notice periods if it comes to them canning you. Saying that to talk about notice periods would make me a hypocrite as when these are discussed I always like to mention how worthless they can be because if you arn't working you are not getting paid so pretty useless.

I would hope not but.... could be just one you are gonna have to take on the chin in the worst case. The only saving grace for you at present is that the agent will be working his nuts off on your behalf as his commission is going begging as well.

I would hope to god you got back on the job boards the minute this came to light though.

[digerido]

Well the contract has now been terminated and the agency has their legal team on it and I am now waiting for PCG to ring me back.

I agree with the no work no pay and personally I would prefer to earn my money but I'm going to at least try and salvage something out of this. More for the fact they have wasted my time, though it does worry me that I was off site waiting for decision to be made.

Trying not to moan to much about it but this is a shocker, especially as I had just completed a role at the same company and it went very well.

If I hold off until 3 this afternoon for my first pint it will be a miracle.

[northernladuk]

Dam sorry to hear this. Nothing worse than getting something and having it whipped out from under you.

Keep us updated as I would be interested to hear. My initial thoughts are the agent won't push a legal issue in case he ruins his relationship with the client so if this is what the agent has told you I wouldn't believe a word of it. PCG won't really be in a position to do anything either except make a lot of noise (if you are very lucky).

I would so love to be proven wrong though so keep the updates coming.

[digerido]

I have now spoken to the PCG legal advice team who has looked at the contract and I have been advised that the agency have messed up in a major way and I should be entitled to a termination period that is reciprocal to what was stated for my company.

The incident is still with their (agency) legal team but I am unable to talk to them as everything has to go via the 'account handler' believe me I have pushed this! At this stage I am not even certain the incident has progressed past the consultant I have been dealing with. Due to this I have sought legal advice from an independent solicitor who also confirms I have a very good case.

With 2 sources stating I have a very good case I am now looking at the worst that could arise from this situation. If I pursue this issue with the agency and win I could\would burn bridges with them which I am prepared to do, but could this issue do the rounds amongst agency's and therefore I then become known as the person who took his agency to court to seek damages?

What do people think? Thanks,

[northernladuk]

For a couple of hundred quid forget it and move on. A lot worse can happen and you still have to take it on the chin. If word gets out your rep will be in tatters. It is just the nature of the job IMO