Originally posted by eek
View Post
- 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!
Umbrella contractor breaking the contract.
Collapse
X
-
-
Originally posted by kin View Post
End Client.
this may seem a silly question but did you opt out of agency regulations?merely at clientco for the entertainmentComment
-
Be prepared to say goodbye to any monies you are currently owed by any of the parties. They legally can't withold it but in cases they'll claim it's to cover breach of contract which you have done. They should pay you and then sue you later, not withold your pay but we've seen plenty of cases where they didn't pay on here.
You may be alright if the agency is OK to terminate the contract and aren't claiming you've breached it but the client may not pay them.
Does seem odd the client is holding you contract but the agent isn't bothered. I'd bet this is sour grapes from the client who's hacked off and knows the terms of the contract but they'll cave eventually. As Eek says, no client wants someone that doesn't want to be there, you are just a liability to them from here on in.
What notice are you willing to work to do a handover to someone else? Why exactly do you want to leave?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by northernladuk View PostBe prepared to say goodbye to any monies you are currently owed by any of the parties. They legally can't withold it but in cases they'll claim it's to cover breach of contract which you have done. They should pay you and then sue you later, not withold your pay but we've seen plenty of cases where they didn't pay on here.
You may be alright if the agency is OK to terminate the contract and aren't claiming you've breached it but the client may not pay them.
Does seem odd the client is holding you contract but the agent isn't bothered. I'd bet this is sour grapes from the client who's hacked off and knows the terms of the contract but they'll cave eventually. As Eek says, no client wants someone that doesn't want to be there, you are just a liability to them from here on in.
What notice are you willing to work to do a handover to someone else? Why exactly do you want to leave?
Client failed to replace the lost resources in past two years, not they are in situation where they can't risk of loosing more people.
I gave them 4 weeks notice to release me from the assignment, as they promised us we don't hold you back ( again this is not written just a word).Comment
-
Originally posted by kin View Post
I am leaving that i found an outside IR35. Agency is happy that i worked with them for 4 years.
Client failed to replace the lost resources in past two years, not they are in situation where they can't risk of loosing more people.
I gave them 4 weeks notice to release me from the assignment, as they promised us we don't hold you back ( again this is not written just a word).merely at clientco for the entertainmentComment
-
Sometimes the end client will not allow the agency/umbrella to give notice to terminate early; there could be many reasons for this. Unless the umbrella agreement says something onerous like "the supplier agrees to provide a hand-over consultant chosen by the client, for 1 week, at no charge" then it's best to just ask the agency and umbrella to keep speaking to the client to come to an amicable resolution.
Worse comes to worse, maybe best to complete the assignment as there could be costs involved for breaching the contract.
Thanks
ZeeshanComment
-
Originally posted by DolanContractorGroup View PostSometimes the end client will not allow the agency/umbrella to give notice to terminate early; there could be many reasons for this. Unless the umbrella agreement says something onerous like "the supplier agrees to provide a hand-over consultant chosen by the client, for 1 week, at no charge" then it's best to just ask the agency and umbrella to keep speaking to the client to come to an amicable resolution.
Worse comes to worse, maybe best to complete the assignment as there could be costs involved for breaching the contract.
Thanks
ZeeshanComment
-
Originally posted by kin View Post
In the worst case scenario, if client claims for the loss of revenue for breaching the contract, who will pay that. Will it come from umbrella or agency or me. I can see umbrella and agency both have a indemnity or other liability insurances.
The insurances will most likely not cover wilful breach of contract.
Thanks
ZeeshanComment
-
Originally posted by DolanContractorGroup View Post
The liability will flow down the supply chain. The client will try and recover the sum from the agency, who will in-turn try and recover it from the umbrella. The umbrella wouldn't want to take the hit over something that's outside of its control, and depending on the contract it has signed with the worker it will try and recover the sum from the worker.
The insurances will most likely not cover wilful breach of contract.
Thanks
Zeeshan
Previously in the scenarios where the end client insists on there being no escape clause the agency has been the party to emphasis the fact that the contract needs to be completed in full.
he fact the agency isn't saying that to me says that the end client is trying it on.
What the OP needs to have is a very clear conversation with the agency as to what the contracts say to ascertain why the end client believes there is no notice period but the agency is believes there is one.
Oh and absolute worst case scenario - the OP can go on the sick due to stress while ignoring the sick note as he starts his new job (after all that would minimise any risk of stress).
Given that he will be using a limited company for his new outside contract it will be very hard for the end client to argue the point provided the OP doesn't do anything stupid like post his new contract on LinkedIn until well after the original contract was supposed to end.
merely at clientco for the entertainmentComment
-
Originally posted by eek View Post
However given that we don't know the actual terms within all the contracts any concern with liability is theoretical.
Previously in the scenarios where the end client insists on there being no escape clause the agency has been the party to emphasis the fact that the contract needs to be completed in full.
he fact the agency isn't saying that to me says that the end client is trying it on.
What the OP needs to have is a very clear conversation with the agency as to what the contracts say to ascertain why the end client believes there is no notice period but the agency is believes there is one.
Oh and absolute worst case scenario - the OP can go on the sick due to stress while ignoring the sick note as he starts his new job (after all that would minimise any risk of stress).
Given that he will be using a limited company for his new outside contract it will be very hard for the end client to argue the point provided the OP doesn't do anything stupid like post his new contract on LinkedIn until well after the original contract was supposed to end.
I will keep you updated with the outcome.
Hope it may help someone else with the same situation.Comment
- 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
Comment