Employment law advice

firehawk_2

im in a bit of a pickle unfortunately but due to no fault of my own (I know, everyone says that right?)

to sum up: I had a contract for a client through a recruitment agency. All was going well until a certain period of time. the manner and professionalism of the person was inappropriate and very rude. this guy even swears and shouts on the phone to his own wife, and we have all heard it.


All the tasks were completed and ive gone above and beyond my call of duty for him and his business. I was the core part to "make things happen" technically.

i left (on my terms) due to his conduct and professionalism towards me. I walked out at the end of the day.
The work/contract was through an agency. There is no direct contract with me and him.


he is now threatning me and says he is going to sue for loss of business. There actually isnt any loss of business. everything was done way ahead of schedule with great feedback from his customer but there was also too much politics involved and who gets what cut from the profits between him and his company and another company and his "business partner". First he said on the voicemail that he wants to stop the bridges from burning then...sends me this type of email with threats


he also says he wont pay me for the past 2 weeks - thats ok im not fussed about that as I was treated like a dog with what happened and completely went against what was agreed verbally and carried out then expect to change things within hours before a "meeting".


anyone know where I stand on this? he has plenty of time to find a replacement anyway - just to make that clear. but he always wants something done "on the cheap" and would do whatever to get money.


many thanks. and again - I have morals/values/ethics and would not stand for anyone who treats me or speaks to me wrongly at all. the guy started to leave voicemails/messages earlier today saying that he wants to try and save the burning bridges and today he starts with these threats.

Today I missed a royal mail delivery for a letter which needed signed for. I dont know what it is until Monday but it does worry me.

Emmzi

there are 2 contracts

1. you and the agency
2. the agency and him

all you need to worry about is you and the agency. don't deal with him direct, go through them.

recovering their money from him is not your problem.

recovering your money from the agency is your problem.

firehawk_2

Great. Thanks Emmzi

The relationship between me and the agency is fine. im just worried about what he can do to me with the threat in addition to receiving this letter which I wont know what it is until Monday so a little worried.

As I said, I even said I dont want the pay from the past X weeks as money doesnt matter here and is not the issue

Emmzi

well, he can't force you to work for him, and if there's nothing to sue for, then there's just a load of bluster.

try and be calm.

firehawk_2

Thanks again. true, he cant force me to work for him. the only thing is "loss of business" but there isnt really. all was delivered. he has plenty of time to find a replacement.
there is no contract between me and him. only with the agency
he always wants something "on the cheap" and wants profit all the time. of course, most companies are like this but still, always with the profit/money. he is also a new start up in business

Emmzi

so if he did not want to assume the risk of loss of business, the standard thing is to put someone on a permanent contract, not on a day rate through an agency. That's a standard business practice. if he does not afford you basic rights like a notice period, he cannot enforce them in the other direction!

firehawk_2

well he is persuing someone on a permenant basis through the same agency but in IT, generally contractors are used (like myself) to do the work short or long term.

yes I did have a notice period of 2 weeks to be given to the agency and as admitted, I did breach that but only because of the clients behavior/conduct towards me. I STILL continued to do what was requested and then left

Emmzi

ah, I do not think you mentioned that in your first post. That complicates it somewhat.

how did you tell the agency you had left, and did you discuss it with them in advance?

firehawk_2

yes I did. on the day. by email and phone with the agent. The agent also saw the content/conduct of the communication between the client and me and was "shocked" at it.

of course the agency tried to persuade me to stay but I said its not about the money but about feeling comfortable in the environment and what was said/manner of saying, was unacceptable and wouldnt stand to be treated in such a way.

Must also state that the same agency has found me work for someone else and do trust me, given my reputation and quality of work delivered to other clients in the past.

Emmzi

well, is up to the agency if they want to pursue you for any loss they incur with this client. If you are highly skilled and in demand you're most likely fine!

firehawk_2

Thank you again Emmzi. just worried about the threat really. (and the letter that awaits at the RM depot!)