Do I have any recourse here...contract termination by agent

[SueEllen]

In terminating they have also only agreed to sign for 9.5 days of the 11.5 days outstanding, stating timekeeping - again totally spurious.

How have you recorded those days? Is it the way it's written down in the contract? If not they can argue that you haven't actually done the "days" agreed in the contract.

For example some clients bill by the hour but only allow you to do a maximum number of hours per day, there as others don't care as long as long as you don't bill more than an allocated number of hours per month.

This means in case one if you are suppose to do 7.5 hour days but did 8-12 hour days and billed them for 11.5 days they will reject your timesheet and invoice. There as in case two they will accept it.

[Wanderer]

From the 3rd day of a 10 week contract, I advised the agency that the client was hugely unprofessional in how they were working and that they were extremely difficult to work for. They had no clear idea of what they wanted, changed their mind frequently and demonstrated appallingly unprofessional behaviour. I advised this numerous times in the first few weeks.
it seems ludicrous, and hugely unfair, that the appalling unprofessionalism and blatant lies of the client lead to them terminating the contract with the agency, who in turn can terminate my contract IF the client at their "sole discretion", terminate the contract

It really sounds like you didn't get on with the client, don't get bitter and twisted about it or it will consume you. Just move on and find the next contract somewhere that you are valued by the client and can make a useful contribution.

If you didn't opt-out of the agency regulations then they still have to pay you so just invoice them for the time worked even if the client won't sign the timesheets. If the agent doesn't pay then chase the debt.

[TheFaQQer]

If you did not opt out, in writing, prior to being introduced to the client, then the agency legally has to pay for the work that they did, regardless of whether the client is happy or not, and regardless of whether they get paid by the client or not.

So - did you opt out, or did you do the smart thing and stay opted in?

--

As others have said, it's a classic first contract mistake - make your opinion known once and then shut up and keep thinking of the money, or leave.

Have you ever worked in public sector before??? I would suggest not, since you seem surprised that

They had no clear idea of what they wanted, changed their mind frequently

That's what public sector does.

Finally, if it makes you feel any better, I made the same kind of mistake on my first contract. Was brought in as an expert, was ignored, and acted too much like the consultant I'd always been rather than the contractor I now am. And just look what a success story I've been since then

[craig1]

Long ago I developed a silo attitude as a contractor. If hired to deliver a specific thing then I'll often recommend better ways to do the delivery but if told to just do it their way then I do it, even if it's inevitably going to take longer, be more expensive or be of poorer quality. In many cases, I've found that a client's poor methods can be made to work with hard work and a bit of manipulation.

That said, I live by my reputation and I'll walk if the dross is likely to adversely impact that reputation.

[northernladuk]

What has this got to do with notice period? There will also be a clause in your contract for immediate termination for gross miscounduct or some other wording.

It sounds much more likely this is the clause they have invoked to walk you not notice.

[Old Greg]

WMS with bells on.

You can recommend. Once. If they choose to ignore you you have two options. Put up with it and invoice. Or leave.

That's the difference between a Senior Consultant or a contractor - and I've seen consultants fired when they told the client something said client didn't want to hear.

Beginner's mistake I'm afraid, but a lesson learned and you'll know to keep you mouth shut next time.

Nobody likes a smartarse who's going to say 'I told you so' when it all goes tits up.

Agreed. I have been in this position and have pushed further than I should have (but their were serious safety issues which potentially put lives at risk), but I knew when to shut up and let them get on with it.

[MarillionFan]

I am afraid you're going to have to bend over and take it even though it is unpalatable.

It's a small number of days of which to fight over will be time consuming & costly.

One. Don't deal with the agency again.
Two. Keep a note of the clients name/job, pop it on the backburner and you may find that one day in the future you may have the opportunity to dish the same treatement back.

[Sockpuppet]

Then again complaining about clients is also stupid, as you have just demonstrated. You're not there to tell them - or anyone else - they don't know what they're doing, you're there to help them do what ever it is they think they want. If they were any good, they wouldn't need you in the first place.

A supplier's MD to client co stood up in the annual meeting and told client co (big, big retailer) that they didn't know f***ing diddly about logistics. 2 days later he was sans his £150k a year job. When you spend near on £50million with a supplier you generally don't stand for spectacles like that. SUpplier took the decision that paying his tribuneral costs would be less than the damage to the relationship with client co so just told him to jog on.



On another note is it me or are there lots of overly officous words....which usually symbolises troll or sockie imo.....

[cojak]

Then again complaining about clients is also stupid, as you have just demonstrated. You're not there to tell them - or anyone else - they don't know what they're doing, you're there to help them do what ever it is they think they want. If they were any good, they wouldn't need you in the first place.

WMS with bells on.

You can recommend. Once. If they choose to ignore you you have two options. Put up with it and invoice. Or leave.

That's the difference between a Senior Consultant or a contractor - and I've seen consultants fired when they told the client something said client didn't want to hear.

Beginner's mistake I'm afraid, but a lesson learned and you'll know to keep you mouth shut next time.

Nobody likes a smartarse who's going to say 'I told you so' when it all goes tits up.

[SueEllen]

Hope someone can help.

Two months ago I undertook a contract via a well known agency, into a government body. I should have been wary when, after interview, referencing, offering me the job and agreeing the start date, they told me the client wished to drop my fee by 12%, because other people were cheaper!!

From the 3rd day of a 10 week contract, I advised the agency that the client was hugely unprofessional in how they were working and that they were extremely difficult to work for. They had no clear idea of what they wanted, changed their mind frequently and demonstrated appallingly unprofessional behaviour. I advised this numerous times in the first few weeks.

Finally, after jusyt over four weeks and following a number of differences with the client, the client terminated the contract with the agency who in turn terminated my contract. They did so without giving the contractual two week notice citing unprofessionalism and listed the areas which they suggested were reasons for termination without notice. They are all factually incorrect, inaccurate or spurious and I have written corroborative evidence of this. Moreover there is strong evidence that my main contact with the client has lied to get her own way. In terminating they have also only agreed to sign for 9.5 days of the 11.5 days outstanding, stating timekeeping - again totally spurious.

it seems ludicrous, and hugely unfair, that the appalling unprofessionalism and blatant lies of the client lead to them terminating the contract with the agency, who in turn can terminate my contract IF the client at their "sole discretion", terminate the contract.

HELP!!!

Simon

The only help you need is to learn when to keep your mouth shut, what problems are worth bringing up and who you should talk to if there is a problem as loads of companies act like this. (HINT - not the agency unless you are negotiating contract length or money)

If you read your contract you will find there will be a clause where they can terminate you with no notice due to unsuitability of the employee provided by your limited company/umbrella company.

[malvolio]

Hope someone can help.

Two months ago I undertook a contract via a well known agency, into a government body. I should have been wary when, after interview, referencing, offering me the job and agreeing the start date, they told me the client wished to drop my fee by 12%, because other people were cheaper!!

From the 3rd day of a 10 week contract, I advised the agency that the client was hugely unprofessional in how they were working and that they were extremely difficult to work for. They had no clear idea of what they wanted, changed their mind frequently and demonstrated appallingly unprofessional behaviour. I advised this numerous times in the first few weeks.

Finally, after jusyt over four weeks and following a number of differences with the client, the client terminated the contract with the agency who in turn terminated my contract. They did so without giving the contractual two week notice citing unprofessionalism and listed the areas which they suggested were reasons for termination without notice. They are all factually incorrect, inaccurate or spurious and I have written corroborative evidence of this. Moreover there is strong evidence that my main contact with the client has lied to get her own way. In terminating they have also only agreed to sign for 9.5 days of the 11.5 days outstanding, stating timekeeping - again totally spurious.

it seems ludicrous, and hugely unfair, that the appalling unprofessionalism and blatant lies of the client lead to them terminating the contract with the agency, who in turn can terminate my contract IF the client at their "sole discretion", terminate the contract.

HELP!!!

Simon

Which all goes to prove the ongoing debate about notice periods is pointless. You got terminated under a clause in your contract that doesn't require notice. It happens, just move on. There's zero point in fretting about it, and trying to get anything back would be a waste of time. The client doesn't want you - what, exactly, can you do about it?

Then again complaining about clients is also stupid, as you have just demonstrated. You're not there to tell them - or anyone else - they don't know what they're doing, you're there to help them do what ever it is they think they want. If they were any good, they wouldn't need you in the first place.

[Verander]

Hope someone can help.

Two months ago I undertook a contract via a well known agency, into a government body. I should have been wary when, after interview, referencing, offering me the job and agreeing the start date, they told me the client wished to drop my fee by 12%, because other people were cheaper!!

From the 3rd day of a 10 week contract, I advised the agency that the client was hugely unprofessional in how they were working and that they were extremely difficult to work for. They had no clear idea of what they wanted, changed their mind frequently and demonstrated appallingly unprofessional behaviour. I advised this numerous times in the first few weeks.

Finally, after jusyt over four weeks and following a number of differences with the client, the client terminated the contract with the agency who in turn terminated my contract. They did so without giving the contractual two week notice citing unprofessionalism and listed the areas which they suggested were reasons for termination without notice. They are all factually incorrect, inaccurate or spurious and I have written corroborative evidence of this. Moreover there is strong evidence that my main contact with the client has lied to get her own way. In terminating they have also only agreed to sign for 9.5 days of the 11.5 days outstanding, stating timekeeping - again totally spurious.

it seems ludicrous, and hugely unfair, that the appalling unprofessionalism and blatant lies of the client lead to them terminating the contract with the agency, who in turn can terminate my contract IF the client at their "sole discretion", terminate the contract.

HELP!!!

Simon