Reply to: Agency threatening legal action if I leave my role!

[Safe Collections]

so if you insist on leaving early, the increased rate on the juicy contract would have to cover a few weeks unpaid plus expenses. say 5k
plus the humiliation of being worked over by an agency

Plus anything between £1-3K in legal fees that you are extremely unlikely to recover, even if you win a county court claim against the agency.

[EternalOptimist]

This!

If you leave a contract early that has no provision for early termination you are significantly damaging your chances of recovering any monies due to your company (presuming you are using your own co).

Even if the contract doesn't have a clause stating your company will cover any loss at the agency end, chances are they will use the fact you have breached the contract to defend any action you bring and pursuing a defended action can be very expensive.

so if you insist on leaving early, the increased rate on the juicy contract would have to cover a few weeks unpaid plus expenses. say 5k
plus the humiliation of being worked over by an agency

[Safe Collections]

If you jerk the agency around, they may be very slow in paying you. In fact, they may forget altogether.

They dont have to sue you, just not pay you.

This!

If you leave a contract early that has no provision for early termination you are significantly damaging your chances of recovering any monies due to your company (presuming you are using your own co).

Even if the contract doesn't have a clause stating your company will cover any loss at the agency end, chances are they will use the fact you have breached the contract to defend any action you bring and pursuing a defended action can be very expensive.

[Anonimouse]

Can you take holiday?

[EternalOptimist]

If you jerk the agency around, they may be very slow in paying you. In fact, they may forget altogether.

They dont have to sue you, just not pay you.

[suityou01]

Statutory or contractual notice period - Acas Mobile

[ASB]

Which states:

It's entirely possible I'm wrong, but I read that as implying if the contract was silent on the matter 1 week would be enough.

(Sanity check: 2 year contract with no specific notice period would mean you can't leave for 2 years? Seems doubtful).

[ASB]

I'm guessing the agency will be requesting whatever they would get paid from the client (3 weeks worth).

Ok, it's still not clear to me wherther you are:-

- a fixed term employee of the client (it appears not)
- a fixed term employee of the agency (unusual, but I guess possible)
- contracting through your own company

What termination rights you may have are dependant upon what is in the contract.

In the former 2 cases the implication is that if the contract is silent on the matter then 1 weeks notice is required.

In the latter case if the contract is silent on the matter then it is likely a court would hold the contract duration must be completed. [But it's by no means certain].

Anyway, in case of a breach the agent is entitled to actual damages that they can reasonably quantify.

This would not be X weeks work. It would be X weeks margin.
They could also try to load it with some form of reputational damage.

Thing is, if you just walk out they won't pay outstanding monies. But will they actually sue you? Sure they'll all threaten to.

Ignoring it and hoping they go away isn't a good solution though. A judge would expect to have seen some attempts to resolve things, so writing back and rebutting their claim would be prudent.

Question is whether you want to take this course of action.

If not you have to negotiate.

[kal]

Am I missing something. I thought that a FTC was direct between employer and employee with the agencies role being the same as when sourcing a permie, i.e. they get a wedge of cash once they find someone.

[vetran]

As Zeity has pointed out they were trying to be clever and try to bond you to a job but Parliament was ahead of them.

I would be tempted to forward that and say as per this I'm offering you an extra two weeks notice, please advise in writing within 5 days whether you wish to take any action and for what amount. please show working.

Maybe copy to their Finance & Managing director?

The level of legal competence in Agents is shocking.

get client on side first.

[suityou01]

NLUK was wrong

[suityou01]

[northernladuk]

Thanks for the reply northernladuk,

Is the point you are trying to make that because it's fixed, if I leave early, then the agency are within their rights to seek something for breach of contract?

Not really, was more at the others that are talking about LTD's and treating this type of contract the same as the contracts we have. e.g. call them your client.. but they are not, they are your employer in an FTC.

But to answer what you just said. If there is no notice period in your contract then you cannot leave and if you do you will be in breach and the agency could seek compensation. You don't say how long you have been in the role but it's possible it was probably a months notice anyway so still no chance of a quick exit.

[Mich the Tester]

Go to a knackers yard, collect a horse's head, now go to the agent's house and place the horse's head on his bed. Sorted.

[suityou01]

Thanks for the reply northernladuk,

Is the point you are trying to make that because it's fixed, if I leave early, then the agency are within their rights to seek something for breach of contract?

Razor sharp this one