In the case you describe, I think you can write a letter telling them you consider them to be in material breach of the contract if they don't pay you in x days, meanwhile withdraw supply of services until paid.
You should only be benchwarming for x days...
- 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: Contract protection
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 "Contract protection"
Collapse
-
Originally posted by tim123 View PostRefusing to make further supplies, after not being paid for previous supplies, is recognised as a legitimate response. But to make it a legitimate response you have to show a wilingness to continue to supply, once the (lack of)payment issue is resolved.
tim
I know it makes sense as you express it, but it don't get the mortgage paid.
Leave a comment:
-
Originally posted by expat View Post1. Thanks.
2. OK, so if your agency goes bust, you probably can't go direct to the client (and daren't go through the existing contract lest you get nothing); but you may walk away and get on with working elsewhere?
3. Ah, but what if the agency is not bust yet, but is not paying you, and you stronlgy suspect it is sinking? IF you walk then, they may come after you. If they then go bust, the liquidatro may keep coming after you.
tim
Leave a comment:
-
Originally posted by tim123 View Post<add clause to contract...>
It is, but they won't agree to it. It's just too big a penalty for the crime.
<stop working after agency in liquidation>
This is a differerent issue and ought to be possible.
But what I don't understand is how the liquidator could come after you for anything. The law recognises that suppliers wont continue to supply a bankrupt company and no-one will force you to do so.
tim
2. OK, so if your agency goes bust, you probably can't go direct to the client (and daren't go through the existing contract lest you get nothing); but you may walk away and get on with working elsewhere?
3. Ah, but what if the agency is not bust yet, but is not paying you, and you stronlgy suspect it is sinking? IF you walk then, they may come after you. If they then go bust, the liquidatro may keep coming after you.
I'd like to protect myself by having the right to terminate as soon as they are significantly late in paying.
I can only ask for the clause, I suppose. Don't people think it would be a good idea?
Leave a comment:
-
Originally posted by expat View PostInspired by another thread, but separate question.
Is it feasible to put a clause in your contract with an agency, to the effect that in the event of late payment, the contract is no longer in force?
Originally posted by expat View PostI am thinking of the case where the agency is going bust, but not only are you not getting your money, but you are trapped because your contract still applies and if you walk away from it, the liquidator could come after you for lost income.
But what I don't understand is how the liquidator could come after you for anything. The law recognises that suppliers wont continue to supply a bankrupt company and no-one will force you to do so.
timLast edited by Contractor UK; 23 July 2009, 09:46.
Leave a comment:
-
Yes. Many have a clause that says that if they go bust, then the contract is terminated, so it's really just an extension of that.Last edited by Contractor UK; 23 July 2009, 09:46.
Leave a comment:
-
Contract protection
Inspired by another thread, but separate question.
Is it feasible to put a clause in your contract with an agency, to the effect that in the event of late payment, the contract is no longer in force?
I am thinking of the case where the agency is going bust, but not only are you not getting your money, but you are trapped because your contract still applies and if you walk away from it, the liquidator could come after you for lost income.Last edited by Contractor UK; 23 July 2009, 09:45.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: