I terminated contract giving notice as per agreed contract. 10 days. Client not happy and so firstly told me not to come into work to serve notice and refused to pay garden leave. Then 5 days later cited there were performance issues. There weren't and never raised before terminated contract. Never raised issues with me or agency.
Assuming you have not breached the contract first, you could claim that the other side has acted in breach of contract in these circumstances. You would be able to make a claim for that in the county court if necessary and pursue what you are contractually due. However, you cannot sue the client directly because your contract would have been with the agency (unless there I a direct contract between you and the client). Assuming your only contract is with the agency then you would have to pursue them for the non-payment. It would then be for the agency to pursue the client themselves to get that money back.
As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks