Does anyone know of a contractor being sued by the agency.....

[Darksider]

The same situation happened in my last contract with one of the other contractors. No notice period on the contract and then had this beauty -

Failure by the Consultancy to give full and proper notice of termination as required in the Schedule attached shall constitute a breach of contract and shall entitle the Employment Business to claim damages from the Consultancy for any resulting Losses suffered by the Employment Business.

They threatened action but didn't take it any further.

[northernladuk]

This has been an interesting read. Given my situation explained in the other forum, I've been reading my contract again. 6 weeks notice either way, except if the work is no longer available, in which case they can give me 1 week. So, if the BobCo tells me they won't renew my contract, that suggests there's no work for me beyond then, of course.

However, there's 6 weeks to go to that point (coincidentally), but I'm being approached about potential roles now...of course starting asap, as is always the case. So, if I quit in 2 weeks instead of 6, what are the implications? I suppose it depends on agreement from BobCo and how a judge would see it, so not asking you to give definitive answers, just experiences I suppose.

You are in breach of your contract and they can sue you for loss of income, interest, costs to replace, costs incurred in bringing the case etc If you wanted to do this you should have negotiated a shorter period or be prepared to see it through rather than leaving your client in the lurch.

[donjuan75]

Yep

You are in breach of your contract and they can sue you for loss of income, interest, costs to replace, costs incurred in bringing the case etc If you wanted to do this you should have negotiated a shorter period or be prepared to see it through rather than leaving your client in the lurch.

Yep, fair enough. If they're too tight to pay market rates, they're too tight to sue me, so I'm not worried about that. But you are correct in terms of the contract, no doubt.

[donjuan75]

Yep, fair enough. If they're too tight to pay market rates, they're too tight to sue me, so I'm not worried about that. But you are correct in terms of the contract, no doubt.

There's quite a bit of back story to explain my position here. I'm not a mercenary. I'm aware of the rules

[TheFaQQer]

Yep, fair enough. If they're too tight to pay market rates, they're too tight to sue me, so I'm not worried about that. But you are correct in terms of the contract, no doubt.

If they are too tight to pay you market rates, they are incredibly focussed on maximizing their profit - pay you a little, charge the client a lot.

Given that, what makes you think that they won't chase for money they are owed, or just withhold any money that they already have of yours? £30 small claims court fee is all it would cost.

[donjuan75]

If they are too tight to pay you market rates, they are incredibly focussed on maximizing their profit - pay you a little, charge the client a lot.

Given that, what makes you think that they won't chase for money they are owed, or just withhold any money that they already have of yours? £30 small claims court fee is all it would cost.

This scenario is a long way off. The situation is changing by the day since the client is working to get them to keep me on. I am just looking at all the options right now. If they're entitled to give me a week's notice, I believe I'm entitled to do the same. The contract only stipulates what the company can do (their company, not mine). This is my first contract, next time I will pay more attention. Lesson learned.

[TheFaQQer]

This scenario is a long way off. The situation is changing by the day since the client is working to get them to keep me on. I am just looking at all the options right now. If they're entitled to give me a week's notice, I believe I'm entitled to do the same. The contract only stipulates what the company can do (their company, not mine). This is my first contract, next time I will pay more attention. Lesson learned.

If the contract doesn't give your company the right to terminate with one week's notice, then the company doesn't have that right.

Since there is nothing in the contract to give you the right to terminate with one week's notice, then your notice period is six weeks.

[donjuan75]

If the contract doesn't give your company the right to terminate with one week's notice, then the company doesn't have that right.

Since there is nothing in the contract to give you the right to terminate with one week's notice, then your notice period is six weeks.

Can't argue with that. This is why I would first try to agree a reduced notice period.

[poopscoop]

Withholding pay and breach of contract are two separate issues.

If they are saying you are in breach of contract they have to do it properly and take you to court. They can't just withhold pay as that is against UK legislation.

[psychocandy]

for loss of "revenue" when the contractor terminates the contract early? In "my friend's" case for 3 weeks or 15 days at £30.

Hang on now - I don't get it. If you terminate early AS ALLOWED BY CONTRACT, how can they sue?

Unless of course, it was in the contract in the first place?