Cheated by the agency - different contract with client Cheated by the agency - different contract with client
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  1. #1

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    Default Cheated by the agency - different contract with client

    I had a contract with the agency ending 23rd Nov but Agency's contract with client was till 21st Nov only. The agency didn't tell me this until the last day (i.e. 21st Nov) when client told me that my contract is ending today. Since then i am trying to call the agency and sending emails about how those 2 days will be paid because the client will only approve my timesheet for 3 days of that week. But the agent is not attending my call and not even replying to my emails which is very frustrating.

    Can anybody please advise what options do i have? Should i take any legal action as my contract with agency has 23rd Nov end date. But i am not sure as they have those small terms and conditions which can cause problems.

    Has anybody faced the same problem with any agency, can you please share your experience?

  2. #2

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    Quote Originally Posted by gaumzi View Post
    I had a contract with the agency ending 23rd Nov but Agency's contract with client was till 21st Nov only. The agency didn't tell me this until the last day (i.e. 21st Nov) when client told me that my contract is ending today. Since then i am trying to call the agency and sending emails about how those 2 days will be paid because the client will only approve my timesheet for 3 days of that week. But the agent is not attending my call and not even replying to my emails which is very frustrating.

    Can anybody please advise what options do i have? Should i take any legal action as my contract with agency has 23rd Nov end date. But i am not sure as they have those small terms and conditions which can cause problems.

    Has anybody faced the same problem with any agency, can you please share your experience?
    Regardless of the date mix-up, why do you think anyone should pay you if you haven't done any work?

    Grow up and move on.
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  3. #3

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    Quote Originally Posted by malvolio View Post
    Grow up and move on.
    Yup! It seems like over reaction however understandable given current state of the market.

  4. #4

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    Are you really a contractor?


    you could start a small claim against the agent ?

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    Quote Originally Posted by blacksta View Post
    Are you really a contractor?


    you could start a small claim against the agent ?
    For what? He didn't do any work. Read Mal's post again.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  6. #6

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    Your contract is with the agency a d not the client so ignore that contract as you are not a party to it.

    Your contract will say you get paid on production of signed time sheets, can you produce the time sheet for those two days? No then move and and man up.

    (Also than which ever mod moved this out of general into a forum where we have to behave else you would have been slaughtered for being a eejit)
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

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    Quote Originally Posted by northernladuk View Post
    For what? He didn't do any work. Read Mal's post again.
    I think he wanted a on that post #JustSaying
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  8. #8

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    Quote Originally Posted by gaumzi View Post
    Can anybody please advise what options do i have?
    You could get really pissed off with the agency and start one with them. If you didn't opt out then you may be able to invoice them for the whole week on the basis that you were available for work but they never gave you any.

    Most likely, this option will fail because of contractual terms stating that they are not obliged to actually offer you work for the full duration of the contract or that they can terminate the contract with immediate effect if the client terminates the agency contract. You will definitely need legal advice and this would probably cost you more than the two lost days.

    If you make an issue of it, the agency will definitely take it to the client and demand money off them or at least bad mouth you.

    The advice from this forum is going to be to take it on the chin. I'm presuming you were paid a substantial premium over what a permie in the same situation would be paid, so just write the loss off. Hell, it was only two days and it's not like you didn't get paid for work done. As a self employed business person you have to accept the good with the bad and it was good while it lasted. If you weren't a flexible resource then you wouldn't have been engaged to do the job.

    If you weren't paid a substantial premium (eg, double) what a permie would get then paid you shouldn't be contracting - go back to being permie.


    Keep the details of the early termination as part of your IR35 defence if you are operating outside IR35. Smile and thank the client, apologise to the client for the "misunderstanding" with the agency and leave them with your contact details asking them to contact you directly if you are needed in future. Get onto Linked-in and add them as contacts.

    Good luck!

  9. #9

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    Quote Originally Posted by malvolio View Post
    Regardless of the date mix-up, why do you think anyone should pay you if you haven't done any work?

    Grow up and move on.
    because i was available for work and on the last day i got to know that they had a different contract with the client. If they had told me earlier i would have planned accordingly. Anyways, lesson learnt

  10. #10

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    Quote Originally Posted by northernladuk View Post
    For what? He didn't do any work. Read Mal's post again.
    They should have told me earlier or at least few days before my end date of contract.

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