Reply to: Breach of Contract or Not?

[CoolCat]

A good point but I don't think that's quite true. There is something called piercing the corporate veil that can see through a sham arrangement that is being used to circumvent obligations. Chance of anyone using it against you are pretty much nil though to be fair.

Interesting mentioning the brolly though. I wonder what their take on it would be and if they would be willing to sign up to the new arrangent.

I trot my points out through time worn experience. Who cares what the brolly thinks if you as an individual are not tied by anything you have signed, just use another brolly to go back.

Most agencies restrictive clauses are badly written, making them next to useless from their point of view, but of course I never tell them that. I have heard them threaten, but never heard of any actually progressing a case, probably because those that get that far are told by their lawyers they have no chance, given the costs of the legal case not worth the bother.

What I said before not just brollies, many clauses just tie the ltd and the contractor if they choose can simply setup another ltd and be in the clear.

One of the advantages of most agencies being useless is that their attempts at stuff like this are usually pants.

[northernladuk]

normally any restrictive clause is with the umbrella company and not with you

carefully check what you have signed

in similar situations I have known people go back through another umbrella and there was nothing that could done as the restrictive clause was only with the prior umbrella

check what you have signed

A good point but I don't think that's quite true. There is something called piercing the corporate veil that can see through a sham arrangement that is being used to circumvent obligations. Chance of anyone using it against you are pretty much nil though to be fair.

Interesting mentioning the brolly though. I wonder what their take on it would be and if they would be willing to sign up to the new arrangent.

[CoolCat]

normally any restrictive clause is with the umbrella company and not with you

carefully check what you have signed

in similar situations I have known people go back through another umbrella and there was nothing that could done as the restrictive clause was only with the prior umbrella

check what you have signed

[doconline]

Hi

I am currently working on a contract through an agency but being paid through an Umbrella company. Currently working on a project which is being delivered by a 3rd party supplier, my employer has decided to end the contract early. I was contacted by a different agency to which I am currently with about a role which is on the same project but being employed by the 3rd party supplier..... my current agency are now saying I may be in breach of contract is this correct?

Thanks

Are the 3rd party suppliers different for each stage of the project? If so your contract is for them rather than the end client isn't it? So if you are moving to a different 3rd party supplied, surely you are not in breach of contract anyway? (I might have understood this wrong)

[BR14]

Definitely. But either way, take the other contract!

+1

This happened to me a couple of times, same project, different phase, switched teams/clients twice.
People liked the continuity, i got <well> paid, - everybody happy.

[billybiro]

Silence is a better option.

Definitely. But either way, take the other contract!

[clearedforlanding]

"Thanks for the information, [current agent], but given that my contract with you is ending, I'll be taking up this new contract with [new agent]. If you believe I'll be in breach of contract with yourselves as a result of this, I'll see you in court. Have a great day!"

Silence is a better option.

[billybiro]

Hi

I am currently working on a contract through an agency but being paid through an Umbrella company. Currently working on a project which is being delivered by a 3rd party supplier, my employer has decided to end the contract early. I was contacted by a different agency to which I am currently with about a role which is on the same project but being employed by the 3rd party supplier..... my current agency are now saying I may be in breach of contract is this correct?

Thanks

"Thanks for the information, [current agent], but given that my contract with you is ending, I'll be taking up this new contract with [new agent]. If you believe I'll be in breach of contract with yourselves as a result of this, I'll see you in court. Have a great day!"

[northernladuk]

Why not point the 3rd party at the agent and everyone is happy?

[brodge]

It is not clear who your end client currently is (client, not employer). Is it the project or the 3rd party supplier. Has the project decided to get rid of you, or the 3rd party? For what reason?

The client has ended the contract early as the design stage has finished. The third party who are delivering the project want me to work on the build. The client didn't originally have the man power to supply the project with the required number of people hence me being there. They've subsequently recruited and now can supply the staff that they have to. Now the 3rd party want to employ me to help with the build.

[brodge]

Aren't you being employed by your umbrella?

Very true. The End client have ended the contract early

[NotAllThere]

Hi

I am currently working on a contract through an agency but being paid through an Umbrella company. Currently working on a project which is being delivered by a 3rd party supplier, my employer has decided to end the contract early. I was contacted by a different agency to which I am currently with about a role which is on the same project but being employed by the 3rd party supplier..... my current agency are now saying I may be in breach of contract is this correct?

Thanks

It is not clear who your end client currently is (client, not employer). Is it the project or the 3rd party supplier. Has the project decided to get rid of you, or the 3rd party? For what reason?

[northernladuk]

Aren't you being employed by your umbrella?

[brodge]

If the client ended the contract, then I can’t see how the agent can argue loss of earnings.

Though I’d wonder why the client would terminate you with 1 agency but hire you back with another? Either there’s no work or you’re no good. Or that the don’t like the agency. Something isn’t right it this.

I'm not being employed by the same company i'm being employed via the 3rd party supplier who is delivering the project.

[VillageContractor]

If the client ended the contract, then I can’t see how the agent can argue loss of earnings.

Though I’d wonder why the client would terminate you with 1 agency but hire you back with another? Either there’s no work or you’re no good. Or that the don’t like the agency. Something isn’t right it this.