Reply to: Does anyone know of a contractor being sued by the agency.....

[poopscoop]

Based on the Late Payment Legislation 1998/2013 they have to pay you anyway? Even if you breached the contract (you said you didn't). That's a separate line of inquiry.

[poopscoop]

holy thread resurrection. This thread dead 6 months ago....

So have I after 6 years

[DirtyDog]

Although saying that I wonder if you are unable to take work in that time as you would be no longer available so in breach.

Can't see it being an issue. Some years back, my parents were having a house built for my granddad - the builder used to regularly not show up (including paying a late-completion penalty clause) because he had other work he chose to do (which paid more than the late-penalty clause). I hate using the analogy of us as builders / plumbers etc, but it's not that different really - if you have a clause which means that you can refuse work, then you have the right to refuse the work. The people who agreed the contract may not realise it's there ("we've never had a consultant do that before..."), but that's their fault, not yours.

Just guessing here and I know it is completely different scenario but if a tenant in a flat leaves early and you hang on to his money you cannot let the flat out until the lease has expired.

In that case, the renter has the right to be in the flat because they have paid for it. In this case, the client hasn't paid for anything, so can't stop you taking more work on.

Either way the best way out is to negotiate your way out, not just play the contract.

I agree - but there is nothing against the contract to do this, so it is always a valid option.

[northernladuk]

Always confuses me this. So, can you give notice as allowed by contract but then decline to come in for the next 4 weeks?

Noticed served as per contract so no breach. It just happens that contract runs until said time but you don;t actually do any work.

Legally speaking I think you can but you are going to have to weather a tulip storm in reality.

Although saying that I wonder if you are unable to take work in that time as you would be no longer available so in breach. Just guessing here and I know it is completely different scenario but if a tenant in a flat leaves early and you hang on to his money you cannot let the flat out until the lease has expired.

Either way the best way out is to negotiate your way out, not just play the contract.

[eek]

Withholding pay and breach of contract are two separate issues.

If they are saying you are in breach of contract they have to do it properly and take you to court. They can't just withhold pay as that is against UK legislation.

holy thread resurrection. This thread dead 6 months ago....

[psychocandy]

Give 4 weeks notice. Tell them that you are unavailable for some (or all) of that time.

You meet the contractual obligations, they have to pay.

Always confuses me this. So, can you give notice as allowed by contract but then decline to come in for the next 4 weeks?

Noticed served as per contract so no breach. It just happens that contract runs until said time but you don;t actually do any work.

[psychocandy]

for loss of "revenue" when the contractor terminates the contract early? In "my friend's" case for 3 weeks or 15 days at £30.

Hang on now - I don't get it. If you terminate early AS ALLOWED BY CONTRACT, how can they sue?

Unless of course, it was in the contract in the first place?

[poopscoop]

Withholding pay and breach of contract are two separate issues.

If they are saying you are in breach of contract they have to do it properly and take you to court. They can't just withhold pay as that is against UK legislation.

[donjuan75]

If the contract doesn't give your company the right to terminate with one week's notice, then the company doesn't have that right.

Since there is nothing in the contract to give you the right to terminate with one week's notice, then your notice period is six weeks.

Can't argue with that. This is why I would first try to agree a reduced notice period.

[TheFaQQer]

This scenario is a long way off. The situation is changing by the day since the client is working to get them to keep me on. I am just looking at all the options right now. If they're entitled to give me a week's notice, I believe I'm entitled to do the same. The contract only stipulates what the company can do (their company, not mine). This is my first contract, next time I will pay more attention. Lesson learned.

If the contract doesn't give your company the right to terminate with one week's notice, then the company doesn't have that right.

Since there is nothing in the contract to give you the right to terminate with one week's notice, then your notice period is six weeks.

[donjuan75]

If they are too tight to pay you market rates, they are incredibly focussed on maximizing their profit - pay you a little, charge the client a lot.

Given that, what makes you think that they won't chase for money they are owed, or just withhold any money that they already have of yours? £30 small claims court fee is all it would cost.

This scenario is a long way off. The situation is changing by the day since the client is working to get them to keep me on. I am just looking at all the options right now. If they're entitled to give me a week's notice, I believe I'm entitled to do the same. The contract only stipulates what the company can do (their company, not mine). This is my first contract, next time I will pay more attention. Lesson learned.

[TheFaQQer]

Yep, fair enough. If they're too tight to pay market rates, they're too tight to sue me, so I'm not worried about that. But you are correct in terms of the contract, no doubt.

If they are too tight to pay you market rates, they are incredibly focussed on maximizing their profit - pay you a little, charge the client a lot.

Given that, what makes you think that they won't chase for money they are owed, or just withhold any money that they already have of yours? £30 small claims court fee is all it would cost.

[donjuan75]

Yep, fair enough. If they're too tight to pay market rates, they're too tight to sue me, so I'm not worried about that. But you are correct in terms of the contract, no doubt.

There's quite a bit of back story to explain my position here. I'm not a mercenary. I'm aware of the rules

[donjuan75]

Yep

You are in breach of your contract and they can sue you for loss of income, interest, costs to replace, costs incurred in bringing the case etc If you wanted to do this you should have negotiated a shorter period or be prepared to see it through rather than leaving your client in the lurch.

Yep, fair enough. If they're too tight to pay market rates, they're too tight to sue me, so I'm not worried about that. But you are correct in terms of the contract, no doubt.

[northernladuk]

This has been an interesting read. Given my situation explained in the other forum, I've been reading my contract again. 6 weeks notice either way, except if the work is no longer available, in which case they can give me 1 week. So, if the BobCo tells me they won't renew my contract, that suggests there's no work for me beyond then, of course.

However, there's 6 weeks to go to that point (coincidentally), but I'm being approached about potential roles now...of course starting asap, as is always the case. So, if I quit in 2 weeks instead of 6, what are the implications? I suppose it depends on agreement from BobCo and how a judge would see it, so not asking you to give definitive answers, just experiences I suppose.

You are in breach of your contract and they can sue you for loss of income, interest, costs to replace, costs incurred in bringing the case etc If you wanted to do this you should have negotiated a shorter period or be prepared to see it through rather than leaving your client in the lurch.