Reply to: Contract with agency. What legal rights do they have after the contract expires?

[OntheBenchin2020]

There is no way I would want to work with anyone attempting to treat me this way. I'm not sure why agents these days seem to think of contractors as their slaves and that they are the masters. It used to be the other way round. We have the skills and they are fortunate if they get to represent us and can make some money from the relationship.

In my case out of courtesy I told one of the agencies with three weeks remaining that I would not be renewing due to the impending off payroll changes (of which they had done nothing to inform me about what they were doing or engage properly with the client on). The agent had the nerve to tell me I couldn't leave as I hadn't given them a months notice and I'd have to stay on at which point I told them politely that I was under no obligation to accept any extension to the current contract and I wouldn't be working on beyond it. The end date is the end date and thats all the notice they need. If they terminate then that is the end date.

[BlueSharp]

I would ask for a 25% rate increase also


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At least 50% if your that indispensable.

[northernladuk]

Yep. That's what I did with one consultancy. Adding on the statutory interest and admin charge. And sending copies of the invoices, credit statements and eventually the final demand to the home addresses of the consultancy's directors...

I'm not saying it didn't work but you had to flee the country later

[NotAllThere]

Quick follow up, I’m expecting some BS in regards the consultancy paying my final invoice from my Ltd at the end of the week. Getting client sign off will be fine so not worried on that account.

If they don’t pay by the 30d I assume it’s chase nicely > chase again > chase hard and then legal action?

Yep. That's what I did with one consultancy. Adding on the statutory interest and admin charge. And sending copies of the invoices, credit statements and eventually the final demand to the home addresses of the consultancy's directors...

[psychocandy]

Complete bollacks. End of contract thats it....

I did have a client like this. Left renewals to last day EVERY time. Really annoying. No matter how many time I explained to them that they were taking a risk nothing else came up they would not change.

They had this idea in their head that a contractor STILL had to give a months notice. i.e. They couldn't just not renew without a months notice. In the end, one of the contractors had enough, sorted another gig out, let the contract expire and then didn't turn up monday.

They phoned him, threatened him the lot then found out they were wrong all along....

[eek]

Quick follow up, I’m expecting some BS in regards the consultancy paying my final invoice from my Ltd at the end of the week. Getting client sign off will be fine so not worried on that account.

If they don’t pay by the 30d I assume it’s chase nicely > chase again > chase hard and then legal action?

safe collections used to post on here -find their posts and follow their advice

[Naranjas]

Quick follow up, I’m expecting some BS in regards the consultancy paying my final invoice from my Ltd at the end of the week. Getting client sign off will be fine so not worried on that account.

If they don’t pay by the 30d I assume it’s chase nicely > chase again > chase hard and then legal action?

[Lance]

Thanks all, very clear and consistent message!

The final contract was issued today, and the irony was it was only a last minute wobble about IR35 and my reluctance to accept any inherent risk that prompted the call with the consultancy. At that point they wheeled out the "you have to, Client would go spare with you and us and you'd be in breach" and properly triggered me.

Now as NotAllThere says, I'm not inclined to sign anything with these people, let alone an employment contract that contains multiple "breach" and "personal conduct detrimental to the company" type clauses. If they wheeled it out of thin air today, can you imagine what they would do if they actually had a legal case?

Thanks again all

this is a record surely?
2 posts in and a happy OP....

[Lance]

Consultancy is being ultra aggressive with me saying that if I don’t sign the PAYE contract then I’m in breach of contract as the end client has been told I’m turning up next week and the impact would be deleterious on the consultancy and the end client if I don’t sign.

*cough* bullsh1t *cough*

nowhere in your current contract is there a clause saying you have to accept an alternative one.

[GhostofTarbera]

Thanks all, very clear and consistent message!

The final contract was issued today, and the irony was it was only a last minute wobble about IR35 and my reluctance to accept any inherent risk that prompted the call with the consultancy. At that point they wheeled out the "you have to, Client would go spare with you and us and you'd be in breach" and properly triggered me.

Now as NotAllThere says, I'm not inclined to sign anything with these people, let alone an employment contract that contains multiple "breach" and "personal conduct detrimental to the company" type clauses. If they wheeled it out of thin air today, can you imagine what they would do if they actually had a legal case?

Thanks again all

I would ask for a 25% rate increase also


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[Naranjas]

Thanks all, very clear and consistent message!

The final contract was issued today, and the irony was it was only a last minute wobble about IR35 and my reluctance to accept any inherent risk that prompted the call with the consultancy. At that point they wheeled out the "you have to, Client would go spare with you and us and you'd be in breach" and properly triggered me.

Now as NotAllThere says, I'm not inclined to sign anything with these people, let alone an employment contract that contains multiple "breach" and "personal conduct detrimental to the company" type clauses. If they wheeled it out of thin air today, can you imagine what they would do if they actually had a legal case?

Thanks again all

[northernladuk]

even if it’s been sat in the table for a week they still haven’t got a reason to turn stupid

Totally agree. Thought I'd made that clear but for the avoidance of doubt correct. They can be pissed off, they can't start threatening you with total rubbish.

[eek]

How long has the contract been on the table? They are just pushing you for a decision, nothing more. If you don't accept its going to leave them with egg on their face in front of the client. If they've been late with the contract then it's their fault. If you've sat on it for a week then they've got a right to be annoyed.

Either way there is no legal comeback whatsoever. LTD Co contract ends. That's it. Done. It's completely unrelated to the new offer.

Don't listen to their threats but do make a decision so you aren't dicking them around.

even if it’s been sat in the table for a week they still haven’t got a reason to turn stupid

[eek]

That’s not your problem it’s the consutlanciy’s. Ask them how they are going to sue a company for not continuing a contract they (as the customer) cancelled

[Andy Hallett]

As others have said, they can’t take action against you for a contract you haven’t agreed.