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  1. #11

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    Default End client ending contract and changed their minds to pay the notice period p...



    I have just removed several posts from this thread as they were nonsensical / irrelevant. If you want to make comments outside the General and Social areas of the website, please try to make them relevant, sensible and helpful.

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  2. #12

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    Quote Originally Posted by maxpower View Post
    if i got legal support who do i peruse and do i have i good chance in being successful
    You can only pursue the entity with whom you have the contract - the agency.

    Review the contract you have with the agency carefully to see whether they really are obliged to pay a notice period. For example, a notice period itself could be easily unpaid because the client will only pay for days worked, but an early termination fee may always be required which can then be waived by mutual consent.

    I would be surprised if there is any legal obligation for the agency to pay you the notice period, but there may be something in there that shows that they do.
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    Quote Originally Posted by kaiser78 View Post
    Also (OP) check if you are opted in or out. If opted in then the agency should cough up regardless.
    I'm not sure that's correct.

    AIUI, if you aren't opted out (technically one cannot opt in) then the agency has a legal obligation to pay you for the work completed, regardless of whether they receive payment or not. In this case, the contractor didn't complete any work, so I'm not convinced that the agency regulations mean that they need to pay up for work not completed.
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  4. #14
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    Quote Originally Posted by TheFaQQer View Post
    You can only pursue the entity with whom you have the contract - the agency.

    Review the contract you have with the agency carefully to see whether they really are obliged to pay a notice period. For example, a notice period itself could be easily unpaid because the client will only pay for days worked, but an early termination fee may always be required which can then be waived by mutual consent.

    I would be surprised if there is any legal obligation for the agency to pay you the notice period, but there may be something in there that shows that they do.
    If the contractor needs to leave and has a notice period, the contractor needs to work until the end of the notice period (or not? ). If we know that the notice period would not be paid we have the right to leave immediately.

    What about the honesty from an agency or client that let the contractor working knowing that he is working for free? In this case, I think the delay on returning the computer it's an excuse for not paying. A lawyer would solve this situation easily and rapidly.
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  5. #15

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    A lawyer might sort this out, but it might not need a lawyer if we had a few more facts, such as what the contract says, how long it took to get the computer back, if the computer was returned in good condition and with all accessories, etc.
    The OP is looking for legal assistance/support. If he wants he can get a contract lawyer (not an employment lawyer) who will go through the contract and any other evidence he has. They will charge 200-500 per hour to do this.

    The questions he is being asked here and the advice are free.
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  6. #16
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    Quote Originally Posted by WTFH View Post
    A lawyer might sort this out, but it might not need a lawyer if we had a few more facts, such as what the contract says, how long it took to get the computer back, if the computer was returned in good condition and with all accessories, etc.
    The OP is looking for legal assistance/support. If he wants he can get a contract lawyer (not an employment lawyer) who will go through the contract and any other evidence he has. They will charge 200-500 per hour to do this.

    The questions he is being asked here and the advice are free.
    He has an email that the notice period would be paid after the return of the laptop. The delay could be irrelevant if there is no dead line for the return.

    The OP is asking the chance of being successful with a legal action, I think yes.
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  7. #17

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    Quote Originally Posted by Bee View Post
    He has an email that the notice period would be paid after the return of the laptop. The delay could be irrelevant if there is no dead line for the return.

    The OP is asking the chance of being successful with a legal action, I think yes.
    An email from the client, with whom the OP has no contract, holds no legal bearing to a payment between the client and the agency, or the agency and the OP.

    On what basis are you thinking an email between 2 unrelated (commercially) parties will stand up as evidence in a U.K. court.

    IANAL and neither are you....
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    Quote Originally Posted by Lance View Post
    An email from the client, with whom the OP has no contract, holds no legal bearing to a payment between the client and the agency, or the agency and the OP.

    On what basis are you thinking an email between 2 unrelated (commercially) parties will stand up as evidence in a U.K. court.

    IANAL and neither are you....
    The OP did not refer that the email was from the client. Where did you get that!?
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    Quote Originally Posted by Bee View Post
    The OP did not refer that the email was from the client. Where did you get that!?
    1) inference
    2) agents aren't stupid enough to promise payment
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  10. #20

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    Quote Originally Posted by Bee View Post
    The OP did not refer that the email was from the client. Where did you get that!?
    It's implied - how would the agent know that the OP has the laptop in the first place?
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