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Started work without a contract, but on email from agency.

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    #11
    Originally posted by TheFaQQer View Post
    Well, you're not going to get that. Getting paid for doing no work is what happens to permies, not contractors.
    What are you talking about?

    I am invoicing for days worked and the notice period given by the client (which DOES NOT have to be worked).

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      #12
      Originally posted by draytop View Post
      northernladuk, it's Agency1's problem because my contract is with them not Client1. I don't work for free and i'm sure you don't. The one day notice is in the contract between Agency1 and my company. Therefore I have invoiced for 2 days. 1 day worked and 1 days notice.
      And Agency 1 needs contract with client. If client withdraws the contract Agent1 also loses out so is actually in the same boat as you. No point writing agent 1 off when it is out of his control. That is all I was pointing out.

      And by your own comment you know Agency 1 will only pay you if client pays him, and he isn't going to tell you if they did or not so can forget the extra day IMO. And there is the comment TF put.

      Same goes for Agency2, I have an email from them saying they will pay for the one day worked (Emails are submissable as evidence of a contract by law), so again an invoice has been raised for that one day and not the notice, as it was me giving them notice, not the other way around.
      Seems reasonable.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by draytop View Post
        What are you talking about?

        I am invoicing for days worked and the notice period given by the client (which DOES NOT have to be worked).
        Check your contract. If it is outside IR35 you will have a Mutuality of Obligation clause saying that they do not have to offer you work and you do not need to accept it. If you do not do work you don't get paid.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #14
          Originally posted by draytop View Post
          What are you talking about?

          I am invoicing for days worked and the notice period given by the client (which DOES NOT have to be worked).
          What does the contract say about mutuality of obligation?

          What does the contract say about termination?

          With a normal contract, designed to help your IR35 situation, there will be a clause which says that the client is not obliged to offer you work, and you are not obliged to accept any work that they offer. Since they are not obliged to offer you work, then they have no obligation to pay you for not doing any work.

          You only have to do a read on here about getting paid for doing no work during a notice period.
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            #15
            Originally posted by northernladuk View Post
            And by your own comment you know Agency 1 will only pay you if client pays him, and he isn't going to tell you if they did or not so can forget the extra day IMO. And there is the comment TF put.
            If correctly opted into the regulations (i.e. no valid opt out was secured), then the agency must pay for the work done, as long as you can prove that the work was done.
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              #16
              Update: Agency1 have now paid me for the one day and the one days notice. So they're in my good books again.

              Agency2 however are ignoring me. Legal action pending.

              My advice to any agent/agency is to remember that an email is submitable evidence in court and can constitute a binding contract depending on its contents.

              My advice to any contractor is don't start any work without a contract and check the details of the contract, don't take any crap of agencies/agents, fight for your rights, and remember you are not your LTD company, they are two separate legal identities.

              Most of the advice I got was to drop it and move on. That is not in my nature and I'm sick and tired of large companies and agencies dumping on the little guy.

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