Contract Terminated after I commenced work. Recruitment agency refusing to pay

[danjericho]

Hi,

Im seeking some advice on a contract I recently commenced.

This was a work from home contract that I started a number of weeks ago. I signed the contract with the recruitment agency on the Friday. The end client sent me over some work on the Monday morning and I started the job.

By Thursday communications had broken down between the end client and the recruitment agency over a financial matter. The recruitment agency then cancelled my contract.

I have a signed contract, I have completed some work, but the recruitment agency are trying to wash their hands of the contract.

I had turned down some other work on the back of signing the contract, and the contract also has a 1 week termination clause. Do I have any legal recourse on trying to get what I am owed?

Thanks in advance.

[borderreiver]

I would definitely charge them for the 3-4 days' work you did before the contract was binned. Other than that you will probably not get very far TBH.

Maybe you could enforce the termination clause but you'll have to speak to a lawyer about that. What your contract says is key here ...

[danjericho]

The agency are taking the stance that they havent received clearance from the end client that any work has been done. However its catch 22 as the client refuses to speak to the agency so there is no chance that they would ever sign off the completed work.

I can cut an paste the "termination clause" part of my contract here if required so I can get some advice.

[northernladuk]

I would definitely charge them for the 3-4 days' work you did before the contract was binned. Other than that you will probably not get very far TBH.

Maybe you could enforce the termination clause but you'll have to speak to a lawyer about that. What your contract says is key here ...

This. If it says you only get paid on receipt of a signed timesheet and you only get paid if the agent gets paid then you are up the creek without much of a paddle I am afraid.

You could try invoicing them the days plus notice and play hardball if you want but good luck with that.

[danjericho]

"The Employment Business shall not be obliged to pay any fees to the Contractor unless signed timesheet(s) have been properly submitted by the Contractor in accordance with clause 5.1 above."

Obviously I cant get this as the end client has ignored my emails and refuse to engage with the recruitment agency. I was never supplied with timesheets to begin with.

Also, on my contract, the notice of termination is "1 Week"

[convict]

It says "submitted". Nothing about agreed/approved etc.

[northernladuk]

It says "submitted". Nothing about agreed/approved etc.

Erm, wouldn't that be the 'Signed' bit???

[danjericho]

Due to the fact that the agency and the client refuse to cooperate and Im stuck in the middle, if I have to take this to court are the agency or client at fault, or both?

I can certainly submit the time sheets, but obviously there is a very low chance they will be signed.

[BrilloPad]

What does the client think about this? Any chance of going direct?

[SueEllen]

Due to the fact that the agency and the client refuse to cooperate and Im stuck in the middle, if I have to take this to court are the agency or client at fault, or both?

I can certainly submit the time sheets, but obviously there is a very low chance they will be signed.

Your contract is with the agency not the client.

Depending on the amount owed it may be worth getting a solicitor to have a look at the contract before threatening to take the agency to court. (Though if you had done this before taking on the contract you would know what all the clauses actually mean.)

Also before you even go down that road check the agency doesn't have any outstanding CCJs against them. If they do you would be wasting your time taking them to court and would probably be better using a debt collector.