early termination withdrawn

[contractoralan]

Using the information in the thread, I have sent an email to the agency.

hope the agency stops bothering me.

Thanks for your support folks.

Al

[xchaotic]

The agent is probably on a guarantee so the might not get a commission for not fulfilling a contract, they will probably not get another chance, once the client finds out that they were trying to milk them for a higher rate behind your back.

With the agent/client giving you notice and then withdrawing it, it's a good choice you're going away from there.

[TykeMerc]

Oh and well done for finding an alternative contract on terms you prefer so quickly

[theroyale]

Hi all,

I started a 12 months contract in July. The contract notice period is 2 weeks. I was served 3 weeks notice on 22nd of November in writing. Luckily I have managed to find a better contract to start next week - better rate, closer to home etc. Signed the contract this morning.
The agent on my current contract has called me to give the 'good' news - the client has withdrawn the notice. When I told him that I have got another contract and cannot continue, they threaten me to sue for loss of revenue, quoting I am in breach of the agreed contract.

Is the agent's argument reasonable, or more precisely, legal ? How should I approach this one?

I use my own limited , but contract is inside Ir35 - no substitution clause.

Thanks in advance for guidance.

Al

I thought ALL 3 main IR35 clauses should be absent from your contract for it to be trapped by IR35. There was a recent judgement (I think, you need to google) that had someone declared outside IR35 when they had just one of the 3 main clauses (Substitution, Mutuality and the Other One) in their contract.