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

[psychocandy]

Give 4 weeks notice. Tell them that you are unavailable for some (or all) of that time.

You meet the contractual obligations, they have to pay.

Always confuses me this. So, can you give notice as allowed by contract but then decline to come in for the next 4 weeks?

Noticed served as per contract so no breach. It just happens that contract runs until said time but you don;t actually do any work.

[eek]

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.

holy thread resurrection. This thread dead 6 months ago....

[northernladuk]

Always confuses me this. So, can you give notice as allowed by contract but then decline to come in for the next 4 weeks?

Noticed served as per contract so no breach. It just happens that contract runs until said time but you don;t actually do any work.

Legally speaking I think you can but you are going to have to weather a tulip storm in reality.

Although saying that I wonder if you are unable to take work in that time as you would be no longer available so in breach. Just guessing here and I know it is completely different scenario but if a tenant in a flat leaves early and you hang on to his money you cannot let the flat out until the lease has expired.

Either way the best way out is to negotiate your way out, not just play the contract.

[DirtyDog]

Although saying that I wonder if you are unable to take work in that time as you would be no longer available so in breach.

Can't see it being an issue. Some years back, my parents were having a house built for my granddad - the builder used to regularly not show up (including paying a late-completion penalty clause) because he had other work he chose to do (which paid more than the late-penalty clause). I hate using the analogy of us as builders / plumbers etc, but it's not that different really - if you have a clause which means that you can refuse work, then you have the right to refuse the work. The people who agreed the contract may not realise it's there ("we've never had a consultant do that before..."), but that's their fault, not yours.

Just guessing here and I know it is completely different scenario but if a tenant in a flat leaves early and you hang on to his money you cannot let the flat out until the lease has expired.

In that case, the renter has the right to be in the flat because they have paid for it. In this case, the client hasn't paid for anything, so can't stop you taking more work on.

Either way the best way out is to negotiate your way out, not just play the contract.

I agree - but there is nothing against the contract to do this, so it is always a valid option.

[poopscoop]

holy thread resurrection. This thread dead 6 months ago....

So have I after 6 years

[poopscoop]

Based on the Late Payment Legislation 1998/2013 they have to pay you anyway? Even if you breached the contract (you said you didn't). That's a separate line of inquiry.