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Previously on "Agent terminated contract with no notice"

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  • diesel
    replied
    Originally posted by NotAllThere View Post
    You should ignore the agency, get over it, and go direct, or through another agency, with the client.
    cant go direct with client as client prefers all contract staff to go via an agency, anyway they (client) have forced us all to change agents with immediate effects! presume client must be getting a cost saving or some important benefit. anway at least i can continue working and getting paid!

    Leave a comment:


  • NotAllThere
    replied
    Originally posted by diesel View Post
    i was supposed to have a new contract in place before it got terminate. unfortunately due to the reasons given by the agency and client i am not entitled to claim 5 days pay as theres a clause in the contract for exceptional reasons i.e. client not paying agent!
    My take would be you're not entitled because there was no new contract in place.

    If agency are saying it's because the client hasn't paid them, then I'd guess that the agency are unsure of their ground, and are trying it on.

    You should ignore the agency, get over it, and go direct, or through another agency, with the client.

    Leave a comment:


  • Beefy198
    replied
    Originally posted by diesel View Post
    i was supposed to have a new contract in place before it got terminate.
    Why?

    Leave a comment:


  • BrilloPad
    replied
    Of course even if you did have notice : are they obliged to provide you with work?

    If yes its a bad IR35 pointer.....

    Leave a comment:


  • diesel
    replied
    i was supposed to have a new contract in place before it got terminate. unfortunately due to the reasons given by the agency and client i am not entitled to claim 5 days pay as theres a clause in the contract for exceptional reasons i.e. client not paying agent!

    Leave a comment:


  • pmeswani
    replied
    Originally posted by Archangel View Post
    So you want notice on an expired contract? Where is that "you must be dreaming mate" smilie?
    I lent it to him the other day. He hasn't returned it yet.

    Leave a comment:


  • Beefy198
    replied
    Originally posted by Archangel View Post
    So you want notice on an expired contract? Where is that "you must be dreaming mate" smilie?
    I'm trying to find it too!

    Leave a comment:


  • NotAllThere
    replied
    Contract expired, so probably no five days notice.

    Ask the client whether you can go direct, or, if you have to use an agent, whether they care which one, or if they can give you a list. Ring around a few agencies and find one that a) you can work with, b) have a lowish margin when you've found the contract and c) are financially secure.

    Your initial agency may threaten to sue you, but they'd have to prove they'd made a loss by you going with someone else, or direct. Which would be difficult since it's them losing the client that caused this. ( They may sue the client, but it's up to the client if they want to risk that ).

    IANAL - take legal advice if you're worried.

    Leave a comment:


  • Archangel
    replied
    Originally posted by diesel View Post
    Notice period is 5 days by either party.

    But this contract had expired last week
    So you want notice on an expired contract? Where is that "you must be dreaming mate" smilie?

    Leave a comment:


  • pmeswani
    replied
    Originally posted by diesel View Post
    Opt out - yes
    End client had dictated to go with another agent
    Notice period is 5 days by either party.

    But this contract had expired last week they were due to issue another on Monday, but then got a call saying all terminated as client not paying agent. I am pig in middle
    As the contract has expired, the agency are not required to give you notice. Some may argue that as the agency are not able to place you in that role, they cannot enforce the clause in the contract. I would suggest getting some legal advice first and then go to another agency, or go direct.

    Leave a comment:


  • diesel
    replied
    Originally posted by pmeswani View Post
    Did you opt-in or out of the regulations? Also, what does your contract state about going direct or via another agency with the client you were with?

    You may find that you may have to pay Agency A a fee for going to another agency or going direct.

    Opt out - yes
    End client had dictated to go with another agent
    Notice period is 5 days by either party.

    But this contract had expired last week they were due to issue another on Monday, but then got a call saying all terminated as client not paying agent. I am pig in middle

    Leave a comment:


  • pmeswani
    replied
    Originally posted by diesel View Post
    My agent terminated my contract without notice for my services to end my client. This is due to management problems between the agent and client.

    Unfortunately this has left me in limbo seeking a new agent.

    My contract was between my LTD Co and the Agent and it is stated a 5 day notice period. Does that mean the agent is liable to pay me for 5 days work? If so how do i go about claiming this?
    Did you opt-in or out of the regulations? Also, what does your contract state about going direct or via another agency with the client you were with?

    You may find that you may have to pay Agency A a fee for going to another agency or going direct.

    Leave a comment:


  • diesel
    started a topic Agent terminated contract with no notice

    Agent terminated contract with no notice

    My agent terminated my contract without notice for my services to end my client. This is due to management problems between the agent and client.

    Unfortunately this has left me in limbo seeking a new agent.

    My contract was between my LTD Co and the Agent and it is stated a 5 day notice period. Does that mean the agent is liable to pay me for 5 days work? If so how do i go about claiming this?
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