End client ending contract and changed their minds to pay the notice period payment
+ Reply to Thread
Page 3 of 5 FirstFirst 1 2 3 4 5 LastLast
Posts 21 to 30 of 45
  1. #21

    Faqqed Off

    TheFaQQer's Avatar
    Join Date
    Oct 2006
    Posts
    36,115
    Thanks (Given)
    380
    Thanks (Received)
    1283
    Likes (Given)
    3689
    Likes (Received)
    3200

    Default

    Quote Originally Posted by Bee View Post
    If we know that the notice period would not be paid we have the right to leave immediately.
    What law / precedent are you basing such a statement on?
    Work in the public sector? You can read my FAQ here
    Click here to get 15% off your first year's IPSE membership
    Monday 27th November 1230-1330: IPSE Update on the Autumn Budget for contractors. Register here.

  2. #22

    Still gathering requirements...


    Join Date
    Jul 2017
    Location
    London
    Posts
    40
    Thanks (Given)
    1
    Thanks (Received)
    3
    Likes (Given)
    2
    Likes (Received)
    2

    Default

    I presume that the trail of what happened was the client said to the OP that they were terminating the contract, he or they told the agency and potentially the agency then terminated his contract. I say potentially because the agency may not actually have done so - they may have assumed that he knew already. What the agency needs to understand is that unless they say something different in their contract (sometimes they do) there is no link between their contract with the OP and their contract with the client - they should take on some risk here for the margin they are getting. The fact that the end client terminated is kind of irrelevant - the agency had a contract with the OP that stipulated 5 days notice and they breached it and terminated with no notice.

    It doesn't cost a lot to take legal action as it will be small claims court - £105 to initiate a claim up to £3k. The OP should put in writing to the agency that his agreement is with them, that they had an obligation to give 5 days notice, they breached it and as a result he is out of pocket. Therefore unless they pay him for the notice period within, say, the next 14 days, he will issue proceedings against them. Chances are this will at least get them to negotiate, but if they refuse to do so, he should start the legal action for the amount owed plus the court fees plus interest. Pretty small downside to taking action, pretty big upside.

  3. #23

    Prof Cunning @ Oxford Uni

    WTFH's Avatar
    Join Date
    Nov 2012
    Posts
    10,217
    Thanks (Given)
    53
    Thanks (Received)
    1337
    Likes (Given)
    1055
    Likes (Received)
    3643

    Default

    Quote Originally Posted by mike67 View Post
    Pretty small downside to taking action, pretty big upside.
    Only if the facts are that the delay in returning the laptop was a short period of time (maybe less than 5 days), and that the OP has told us the whole story without leaving out relevant facts.
    Strong and Stable Moderation

  4. #24

    Prof Cunning @ Oxford Uni

    WTFH's Avatar
    Join Date
    Nov 2012
    Posts
    10,217
    Thanks (Given)
    53
    Thanks (Received)
    1337
    Likes (Given)
    1055
    Likes (Received)
    3643

    Default

    Were you working through your own limited company or through an umbrella?
    Strong and Stable Moderation

  5. #25
    Bee
    Bee is offline

    Banned


    Join Date
    Nov 2015
    Posts
    2,692
    Thanks (Given)
    44
    Thanks (Received)
    185
    Likes (Given)
    530
    Likes (Received)
    332

    Default

    Quote Originally Posted by Lance View Post
    1) inference
    That is one of the problems on here, getting conclusions without knowing the facts.

    Quote Originally Posted by Lance View Post
    2) agents aren't stupid enough to promise payment
    And the clients are?

  6. #26

    I live on CUK

    SueEllen's Avatar
    Join Date
    Nov 2005
    Location
    in the Park
    Posts
    27,716
    Thanks (Given)
    1382
    Thanks (Received)
    1115
    Likes (Given)
    4481
    Likes (Received)
    4140

    Default

    Quote Originally Posted by Bee View Post

    And the clients are?
    Yep.
    "You’re just a bad memory who doesn’t know when to go away" JR

  7. #27

    Prof Cunning @ Oxford Uni

    WTFH's Avatar
    Join Date
    Nov 2012
    Posts
    10,217
    Thanks (Given)
    53
    Thanks (Received)
    1337
    Likes (Given)
    1055
    Likes (Received)
    3643

    Default

    Quote Originally Posted by Bee View Post
    And the clients are?
    Yes, because they have no legal obligation directly to the contractor.

    A client can tell you they want to double your rate. If the agent doesn't agree to it, then you don't get double your rate.
    Strong and Stable Moderation

  8. #28
    Bee
    Bee is offline

    Banned


    Join Date
    Nov 2015
    Posts
    2,692
    Thanks (Given)
    44
    Thanks (Received)
    185
    Likes (Given)
    530
    Likes (Received)
    332

    Default

    Quote Originally Posted by TheFaQQer View Post
    It's implied - how would the agent know that the OP has the laptop in the first place?
    It doesn't prove anything but assuming that you are correct.
    You could ignore an email from the client because does not have legal significance, (pretending that you don't know anything about it) at the end you claim to the agency that the notice period was not paid... and then Surprise:
    You are not paid because you didn't deliver the computer when whatever date was supposed to deliver that the agency "forgot" to notify you. Great...

  9. #29

    Faqqed Off

    TheFaQQer's Avatar
    Join Date
    Oct 2006
    Posts
    36,115
    Thanks (Given)
    380
    Thanks (Received)
    1283
    Likes (Given)
    3689
    Likes (Received)
    3200

    Default

    Quote Originally Posted by Bee View Post
    It doesn't prove anything but assuming that you are correct.
    You could ignore an email from the client because does not have legal significance, (pretending that you don't know anything about it) at the end you claim to the agency that the notice period was not paid... and then Surprise:
    You are not paid because you didn't deliver the computer when whatever date was supposed to deliver that the agency "forgot" to notify you. Great...
    Generally, you aren't paid because there is no contractual requirement to pay you.
    Work in the public sector? You can read my FAQ here
    Click here to get 15% off your first year's IPSE membership
    Monday 27th November 1230-1330: IPSE Update on the Autumn Budget for contractors. Register here.

  10. #30
    Bee
    Bee is offline

    Banned


    Join Date
    Nov 2015
    Posts
    2,692
    Thanks (Given)
    44
    Thanks (Received)
    185
    Likes (Given)
    530
    Likes (Received)
    332

    Default

    Quote Originally Posted by TheFaQQer View Post
    What law / precedent are you basing such a statement on?
    Only an idiot would work in notice period knowing that was not going to be paid.

+ Reply to Thread
Page 3 of 5 FirstFirst 1 2 3 4 5 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.