Client fabricated agreement to reduce notice, agency not honouring contract

[7specialgems]

My first trip down this road, I'm sure I'm not the first and I won't be the last.

So I have a 20 written days notice clause in my contract which was activated today, except the agency have only allowed for 7 days in their letter.

Phoned them up to change it, they said "ah well the client said you and they had discussed this and agreed on a mutually reduced period, if you don't like it, take it up with them".

Naturally, no such conversation with the client took place.

I took the line that my contract is with the agency, the clause is clear and unambiguous and now they're not taking my calls or answering my emails.

Is this a cut and shut case of going down the Small Claims? Interested to know how others have fared when in similar territory!

[eek]

They have no obligation to give you work so to be honest the notice period is merely there for politeness rather than necessity.

Chalk it up to experience, take a deep breath, have a drink or two tonight and start hunting in the morning

[tomtomagain]

I second that.

Put your energy into finding a new contract. What are you going to gain by pursing a dead one?

Especially if you need references.

[tractor]

..

They have no obligation to give you work so to be honest the notice period is merely there for politeness rather than necessity.

Chalk it up to experience, take a deep breath, have a drink or two tonight and start hunting in the morning

Regardless of the rights and wrongs of this, we don't know that the OP had a 'no MOO' clause in the contract so we cannot assume no MOO.

If your contract is with the agent and you have not agreed and signed a contract variation, the original terms still stand. You could take them to court in an attempt to get them to honour it but it is likely you would be flogging a dead horse. More to the point and dependant upon your Opt Out status, they may or may not make life difficult over monies already owed.

Only the OP know what is in the contract and they will have to make a judgement call. Don't expect the law to support you even if you can afford to go that route.

[Sausage Surprise]

You're a contractor not a permanent member of staff. This is what happens.

[kal]

My first trip down this road, I'm sure I'm not the first and I won't be the last.

So I have a 20 written days notice clause in my contract which was activated today, except the agency have only allowed for 7 days in their letter.

Phoned them up to change it, they said "ah well the client said you and they had discussed this and agreed on a mutually reduced period, if you don't like it, take it up with them".

Naturally, no such conversation with the client took place.

I took the line that my contract is with the agency, the clause is clear and unambiguous and now they're not taking my calls or answering my emails.

Is this a cut and shut case of going down the Small Claims? Interested to know how others have fared when in similar territory!

A more likely scenario is that the client has said no such thing and the agency are just making it up so that they can get themselves out of a hole (I know who I would be inclined to trust!), regardless agree that you'll be flogging a dead horse. I would however document this as evidence of your non-employment status for IR35 purposes since it indicates a deviation from how permies would be treated

[original PM]

Hang on a minute.

If I engage a company to do 30 days work at £500 per day - and then after 2 days turn around and tell them I no longer want them fine - but I will still be paying for 30 days work at £500 per day.

The point is they have engaged your company until date x for a fee per day with a 20 day termination clause.

Surely they have to pay for the 20- days even if they do not want you to work it?

Or not?

[northernladuk]

At small claims they will ask how much money you lost and the answer would be none because there was no work for you to do so that's not going to work. Eek's post sums it up. If they wanted to be smart they just tell you they have no work and will contact you if any comes ups and you spend the rest of your contract not getting paid.

Do you have any idea why they want you out quickly BTW?

[CoolCat]

At small claims they will ask how much money you lost and the answer would be none because there was no work for you to do so that's not going to work. Eek's post sums it up. If they wanted to be smart they just tell you they have no work and will contact you if any comes ups and you spend the rest of your contract not getting paid.

Do you have any idea why they want you out quickly BTW?

no they wouldn't, what you are owed has nothing to do with what you have lost in this case.

however a limited company (ie yours) is not allowed to represent itself in court, and must employ a lawyer, so a contractor operating through their own limited company cannot use smalls claims like this without employing a lawyer. unlike a private individual who could.

however best advice in this scenario is to forget about it and move on, and give that agency a wide berth the next time.

[speling bee]

Here's how I read it but take your own advice.

The agency should give 20 days' notice to terminate the contract. The contract is a framework in which services may be provided if required and then paid for. If there was no work required, there is no loss, hence no claim, despite a breach of contract.