Hi,
I wonder if this has ever happened to anyone one here:
I'm a freelance IT contractor and have been for over 10 years. I signed a 6 month contract in January with a consultancy (thru a well known agency) this year due to expire in August.
After 3 months at one client site, the work dried up and they advised me they would re-deploy me to a role closer to home. They asked me to take two weeks off (unpaid) while they finalised the paperwork for the new client. After 2 weeks I'd heard nothing so chased up and was told it would be another week. I reluctantly agreed to take another week but at the start of the fourth week, I declared myself fit and willing and available for work and contacted the agency.
The dilemma I had as that the consultancy had a 1 week notice clause but I had no notice clause (under the wording of the contract) - this week they told me to "look around" for other work as the second client had changed their mind.
I contacted the agency to ask if this constitued me being served notice under the contract and whether I would be entitled to (at least) 1 weeks pay in the circumstances in luei of notice.
He advised me that I wouldn't be entitled to invoice as I hadn't wokred any hours. Any views on the legalities of this and advise on what action (if any) to take would be gratefully appreciated.
N.B. the agent had a clause in the contract that said they could come after me for compensation if I walked out (clearly I couldn't give notice as I didn't have a notice clause) BUT, have either of them behaved reasonably, seems to me they wanted the best of both worlds. Feels like they've restrained me from trading for a few weeks!!!
twofront
I wonder if this has ever happened to anyone one here:
I'm a freelance IT contractor and have been for over 10 years. I signed a 6 month contract in January with a consultancy (thru a well known agency) this year due to expire in August.
After 3 months at one client site, the work dried up and they advised me they would re-deploy me to a role closer to home. They asked me to take two weeks off (unpaid) while they finalised the paperwork for the new client. After 2 weeks I'd heard nothing so chased up and was told it would be another week. I reluctantly agreed to take another week but at the start of the fourth week, I declared myself fit and willing and available for work and contacted the agency.
The dilemma I had as that the consultancy had a 1 week notice clause but I had no notice clause (under the wording of the contract) - this week they told me to "look around" for other work as the second client had changed their mind.
I contacted the agency to ask if this constitued me being served notice under the contract and whether I would be entitled to (at least) 1 weeks pay in the circumstances in luei of notice.
He advised me that I wouldn't be entitled to invoice as I hadn't wokred any hours. Any views on the legalities of this and advise on what action (if any) to take would be gratefully appreciated.
N.B. the agent had a clause in the contract that said they could come after me for compensation if I walked out (clearly I couldn't give notice as I didn't have a notice clause) BUT, have either of them behaved reasonably, seems to me they wanted the best of both worlds. Feels like they've restrained me from trading for a few weeks!!!
twofront
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