Who is the contract with?

**malvolio** · 29 May 2007, 16:19

Yep, wrong.

You are employed by the brolly under a contract of service (hence IR35 doesn't apply, incidentally). They have a contract for services with the agency. The agency has a contract for services with the end client.

**baggers** · 29 May 2007, 16:36

If what you are saying is true, and I haven't been paid for a particular period of a contract, then I should sue the brolly ... even though it's the agency refusing to pay. I can't sue the agency because I don't have a contract with them.

Seems a little harsh to sue the brolly for funds the agency won't release

**malvolio** · 29 May 2007, 16:55

You have a contract to be paid by the brolly. Where they get their funding from is not really your problem, that's what you are paying them for. So assuming you haven't blown any of the various conditions, like not getting signed timesheets and the like, I should talk to the brolly first.

**baggers** · 29 May 2007, 17:11

Don't have signed timesheets, the money is owed for breach of contract in leiu of 4 weeks notice
Spoken to brolly, they're being bloody useless about getting the dough

**malvolio** · 29 May 2007, 17:43

So now you have a problem. If the contract has been terminated for some reason, there's no money anywhere - would you pay the plumber for four weeks after the job was done or, perhaps more relevantly, for four weeks after you'd got rid of him? This also illustrates why notice periods in freelance contracts have no real meaning, the client merely invokes some other reason to drop you, usually professional misconduct or the like. Notice is for permies, you don't qualify.

Walk away, go get your next contract sorted. As a contractor you are not owed any money - you get paid for work done, nothing else.

**baggers** · 30 May 2007, 11:58

Thanks

Thanks for your input malvolio, but surely what you're suggesting is exactly what the agency wants? For me to just go away ... surely there is a principle involved here?
If it had happened to you, you may have a slightly different outlook, maybe

cheers

**fzbucks** · 30 May 2007, 12:10

Originally posted by baggers

Thanks for your input malvolio, but surely what you're suggesting is exactly what the agency wants? For me to just go away ... surely there is a principle involved here?
If it had happened to you, you may have a slightly different outlook, maybe

cheers

Malvolio wouldn't be going through a brolly company

**malvolio** · 30 May 2007, 12:13

Indeed. The reality is you might get paid, but it will cost you more time and money than you recover. You tried to argue already, and all they did was move the goalposts. Principles cost money.

It sucks, but it's what we have to put up with for being independent. Take the pragmatic view and move on.

Who is the contract with?