Reply to: Is this a breaching the contract by the agency and company I work for?

[SlipTheJab]

Charming :|

Sorry mate just spotted this, it was all in jest (you twunt!)

[northernladuk]

**** off you twunt!!

Charming :|

[SlipTheJab]

Good morning you filthy animal!!

**** off you twunt!!

[northernladuk]

Doesn't ITV pay the victor if you lose regardless, in which case I am taking NLUK to see Rinder for 100 grand compo as he once forgot to say good morning to me

Good morning you filthy animal!!

[perplexed]

The topic was about breaching the contract. I was paid for delivering ONE project, having the target and service contract. But plenty of other things have been requested by the client from me, with my agencie's blessing. When I had concerns, the agency and client said I was wrong. Now I see I wasn't. I had right to say "no, I won't do that" but I didn't as I was convinved and assured by them that I was wrong.

After review of my contract with my accountant, no, I am not inside IR35.

You are also wrong saying that just because something happened in the past can't be actioned now. Sorry, but I have never seen anyone suing someone for something which hasn't happened yet.
Psychological analysis and suggestions to tell my agency to "f********" show how low level you represent.

Thank you for all your advices, I will look for the right one from professional resources.

So having delivered the ONE project you were contracted for, you merrily accepted client and agency word and carried on working. I assume you merrily carried on invicing, right?

You had the right to say "no". Client and agent are obviously going to have their own view. Your lack of knowledge abut contracting and indeed contracts is the underlying problem here, nothing else.

Oh, good, you had a contract review. Working practises trump contract; that's a simple thing even your accountant should know.

You can pay money to try to get the "professional" advice you want to hear but the reality is you're somewhat f*cked. Nobody f*cked you, you f*cked yourself.

[SlipTheJab]

Sounds like a case for Judge Rinder....

You can text the word JUDGE plus your name to 63334. Texts cost 25p plus one standard network rate message.

Doesn't ITV pay the victor if you lose regardless, in which case I am taking NLUK to see Rinder for 100 grand compo as he once forgot to say good morning to me

[MrButton]

Sounds like a case for Judge Rinder....

You can text the word JUDGE plus your name to 63334. Texts cost 25p plus one standard network rate message.

[northernladuk]

So exactly what losses are you suing for?

[jmo21]

But plenty of other things have been requested by the client from me, with my agencie's blessing.

it seems like you are trying to use this as the basis for suing.

The client asked you to do something, you checked with the agent, and you did it.

You can't retrospectively blame anyone else.

Does it affect your IR35 in the event of an HMRC investigation - you bet it does.

Is that something you can sue against? Highly doubtful.

After review of my contract with my accountant, no, I am not inside IR35.

Yikes. The contract is important, and is the first step. All your actions since have caused you to be inside IR35 (if you ever get investigated)

[vadhert]

Yes you have every right to sue them.

Go for it!

We need more brave credible people standing up to these ruthless agencies.

[Esp]

The topic was about breaching the contract. I was paid for delivering ONE project, having the target and service contract. But plenty of other things have been requested by the client from me, with my agencie's blessing. When I had concerns, the agency and client said I was wrong. Now I see I wasn't. I had right to say "no, I won't do that" but I didn't as I was convinved and assured by them that I was wrong.

After review of my contract with my accountant, no, I am not inside IR35.

You are also wrong saying that just because something happened in the past can't be actioned now. Sorry, but I have never seen anyone suing someone for something which hasn't happened yet.
Psychological analysis and suggestions to tell my agency to "f********" show how low level you represent.

Thank you for all your advices, I will look for the right one from professional resources.

[Lance]

You want to sue the client because they put you on more/different projects?

You want to sue the agency because they said this is fine?

You want to sue both because this means your now caught by IR35 legislation?

Just trying to understand your position fully as I must be missing something.

Wanting to sue people all the time is a psychological projection of guilt. We see it here all the time.

Person A fails to understand how to run a business.
Accountancy B/ Agency B/ Client B - doesn't wipe Person A's arse for the them.
Person A wants to know if the can sue them.

It's always someone else's fault. I work with these types of people all the time and it pisses me off. Grow up and take some responsibility in life.

/rant

[MrButton]

You want to sue the client because they put you on more/different projects?

You want to sue the agency because they said this is fine?

You want to sue both because this means your now caught by IR35 legislation?

Just trying to understand your position fully as I must be missing something.

[northernladuk]

You accepted the work and got paid for it. An implied contract was created. You can't do the work for 2 years, get paid and then whine about it expecting compensation. That's ridiculous.

What you should have done is refused the work and left.

[NotAllThere]

I guess you're not a native English speaker? When you say "predict", I assume that's "predicate". I think that's perhaps why there's some difficulty in understanding your situation.

Give the facts as I understand them, if you are financially ok at the moment, you should quit. The agency and client are most likely exploiting you. Once you've quit, find another contract with a decent client.

Don't worry about the agency blacklisting you or anything. They won't. They'll threaten all kinds of things, and then if they can make money out of you, they'll be your best buddy.

You'll get nowhere suing an agency, but you can always tell them to **** off - notice periods notwithstanding.

In the meantime, read this site, first timer guides etc., and get yourself educated about what contracting is about.