- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: Validity of Contract
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Validity of Contract"
Collapse
-
Thanks for the feedback and advice, will let you know how things pan out in due course
-
Originally posted by Safe Collections View PostThat is true, however we would not recommend you rely on this principle to get paid!
Leave a comment:
-
Originally posted by Jessica@WhiteFieldTax View PostHowever there is a legal principle called "quantum meruit" which implies you are entitled to payment for work done
You need to find out exactly what is occurring with the original agent as Administration is not the same as Insolvency.
It's possible the original agent co is continuing to trade, but now as a wholly owned subsidiary of the new co. But it is also possible that the new owners have only purchased the assets of the original agent and not the liabilities and those liabilities will likely include your money!
You need to speak to the administrators of the original agent co ASAP! and get a firm undertaking from them as to what will happen with any currently outstanding invoices, as well as any further invoices. If they wont or can't give you this, you need to carefully consider your financial position.
Remember you can not enforce any legal action against a company in administration, so even if you get a CCJ you can't do anything with it.
Leave a comment:
-
I doubt your insurances will be effected.
A lot of the issues on validity of contract will depend on what your own contract with the agent says.
However there is a legal principle called "quantum meruit" which implies you are entitled to payment for work done, especially where it's in accordance with the wishes of the parties - has any one told you to stop work? The would probably give you protection if you weren't paid and ended up in court.
If you are unsure, then talk to a commerical lawyer.
Leave a comment:
-
Validity of Contract
The agency I deal with went into administration and were acquired by another company. However, said company did not inform the client who in turn confirmed they have no contract with the acquiring company. Does that make my contract void ? If I remain onsite while this dispute is ongoing between the respective parties, is there a risk my public and employer indemnity insurance could be invalidated, not to mention the obvious question mark over payment.Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: