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

[Sausage Surprise]

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

[TheFaQQer]

Not heard of anyone being sued for it - we're talking £450.

Of course, if they withheld it from your last invoice, then it's down to you to chase them for the payment, and you'd have to decide whether it's worth suing them to get the money back.

[Sausage Surprise]

Not heard of anyone being sued for it - we're talking £450.

Of course, if they withheld it from your last invoice, then it's down to you to chase them for the payment, and you'd have to decide whether it's worth suing them to get the money back.

Hmmm..that's a good point

[TheFaQQer]

Hmmm..that's a good point

If I was running an agency, that's what I'd do - make you do the running for the money. It may be that if it went to court, you'd win easily, but if I was the agency I'd be making you do all the running to get that last bit of cash back.

But then I can be a ***t when I want to be (and quite often when I don't want to be)

[kevpuk]

But then I can be a ***t when I want to me (and quite often when I don't want to be)

oh, and

But then I can be a ***t when I want to be (and quite often when I don't want to be)

[Sausage Surprise]

You know what...If they do withhold £450 then who cares.... I'm a contractor...

[northernladuk]

What do you mean by terminate early? Depending on his contract he should be within his rights to do this as there will be a notice period for terminating the contract early in the there. I am assuming your post he didn't terminate the contract, he is in breach of it by not following the termination process properly which is why, quite rightly, the agency is suing him for the loss during notice period? Terminating early and just doing one are two very different things.

Am surprised the agency is going after him for time spent finding a replacement and the whole 9 yards to be honest.

One way of finding out how much commission the agent is making at least

[Taita]

You know what...If they do withhold £450 then who cares.... I'm a contractor...

You may not care but "your friend" may feel differently. If he was on £30 per day, he might feel the loss of £450 if the agency gets difficult

[v8gaz]

Also, the agency aren't going to withhold 450 quid from your last pay run - they're going to withhold the lot.

[SueEllen]

What does it say in the contract?

If the termination clauses on both sides are roughly equal i.e. they can withhold £x amount if you terminate early but they have to pay you for y days if they give you notice then the penalty clauses in contract could be considered to be fair.

If however the termination clause is one-sided i.e. they can withhold £x but you get sweet FA if they give you notice then I would take them to court if they withhold the money. £450 is easy to chase in the small claims court and helps your IR35 position.