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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My contract did not have a notice period from myself, I negotiated

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My contract did not have a notice period from myself, I negotiated with the agent to terminate the contract, negotiations took about a month and at the end of the negotiations the agent said I could hand in 4 weeks notice and leave without a penalty, unfortunately this was all via a phone call and I did not ask for this in writing (ok I was a fool here) having worked the 4 weeks notice I leave and the next day I get a letter stating that as I have breached the contract by terminating it early I owe the agency the best part of £4K. having emailed and phoned the agency, I get a response from some one who is not the agent that I dealt with, I explain the situation to them and they say that the agent does not have the authority and I broke the contract but they will be nice and cut it down to half, and that half I can get refunded if they place me again in the next 6 months, now if I accept this will this have any IR35 repercussions? I guess there is nothing I can do about the fees as I did not get the agreement in writing even though the end client helped to negotiate the termination and they were also on the understanding of a fee free termination.

The dispute you have with the agent has no IR35 implications for you.

It is not your problem that the agent you spoke to had or did not have authority, the fact is that the agreement you reached with him over the phone is valid and binding. However, as you say, there is little you can do to prove it, unless you had the person's name.

It is really up to you whether to accept the new offer by the finance director or stick to your guns and say that you are not willing to pay them anything as per your agreement with their employee.

I do not see the agent taking you to court over this.

Hope this helps
Customer: replied 3 years ago.

I do have the name of the agent who the agreement was made with but I have not managed to talk to them as they are avoiding me, the finance director has spoken to them and they are denying saying that they agreed to the notice period and still saying that the contract has been breached.

In that case it is your word against theirs and the agent may be called in court to make a witness statement saying that he did not agree to waive the charges, and he would be lying if he did so.

It really is your call on this, but if you will be placed on another assignment by the agency within the next 6 months, it will not be really a problem as you will be refunded the money.

All the best
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