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

    I worked through an agency and the end terminated my contract, in turn my contract with the agency was terminated.

    I was emailed and advised I would be paid my 5 daysí notice period, but said only to be paid once there laptop was returned. There was a delay in returning the device and once it was returned the end client refused to pay the 5 daysí notice period payment, which then the agency told me they could not pay me as they would not recover the funds.
    if i got legal support who do i peruse and do i have i good chance in being successful

    has anyone had this happen to them and how was it resolved. if i got legal assistance who can you recommend.
    been contracting for 16 yrs and never had this happened to me.

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    Have a look at your contract. See if you have a clause saying you only get paid with a signed timesheet. If it's there you don't have one you won't get paid. We shouldn't expect notice to be paid without working it.

    If you've got IPSE+ you might be able to claim in their business interruption cover but this could be above board so they might not pay.
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    Quote Originally Posted by maxpower View Post
    I worked through an agency and the end terminated my contract, in turn my contract with the agency was terminated.

    I was emailed and advised I would be paid my 5 daysí notice period, but said only to be paid once there laptop was returned. There was a delay in returning the device and once it was returned the end client refused to pay the 5 daysí notice period payment, which then the agency told me they could not pay me as they would not recover the funds.
    if i got legal support who do i peruse and do i have i good chance in being successful

    has anyone had this happen to them and how was it resolved. if i got legal assistance who can you recommend.
    been contracting for 16 yrs and never had this happened to me.
    Interesting as you got an email off them stating they would pay. I would be inclined to invoice them referencing the contract and email. Then start dunning. Contact safe collections for advice. They post here sometimes and seem sensible.
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    Quote Originally Posted by northernladyuk View Post
    Interesting as you got an email off them stating they would pay. I would be inclined to invoice them referencing the contract and email. Then start dunning. Contact safe collections for advice. They post here sometimes and seem sensible.
    The email from the client won't make a difference will it? The OP has no contractual relationship with the client so it doesn't matter what the client says they will do. That's between the client and the agent.

    It also opens the possibility that his contract also says they will only get paid if the agency does. In this case they haven't so again no breach.
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    Quote Originally Posted by northernladuk View Post
    Have a look at your contract. See if you have a clause saying you only get paid with a signed timesheet. If it's there you don't have one you won't get paid. We shouldn't expect notice to be paid without working it.

    If you've got IPSE+ you might be able to claim in their business interruption cover but this could be above board so they might not pay.

    Well i hear you but i have had garden leave and if the client has to end the contract they would always pay you the notice period.

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    Quote Originally Posted by maxpower View Post
    Well i hear you but i have had garden leave and if the client has to end the contract they would always pay you the notice period.
    Sorry but that's just not the case. For a start that's a permie term. We don't get gardening leave. We've also got many threads on here about people not getting paid their notice. We get paid per day we work. Sometimes you might be lucky enough to get it paid and it's happy days but it's not always.
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    Op it is likely the client reviewed the situation due to the extra time you gave them and realised they didn't have to pay you anything.

    Alternatively the agency may have kept the money.

    To check which it is ask the client. I know of two situations where the client thought they had to pay a contractor, they then checked and found they didn't.

    They will answer you if it is the latter situation.
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    Quote Originally Posted by maxpower View Post
    ...the end client refused to pay the 5 daysí notice period payment, which then the agency told me they could not pay me as they would not recover the funds....
    Do read your contract and check whether there is a clause saying that if the agency doesn't get paid, then you don't. If such a clause doesn't exist, point this out to the agency, and start dunning. Their issues with their client are irrelevant to you.
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    Quote Originally Posted by NotAllThere View Post
    Do read your contract and check whether there is a clause saying that if the agency doesn't get paid, then you don't. If such a clause doesn't exist, point this out to the agency, and start dunning. Their issues with their client are irrelevant to you.
    Also (OP) check if you are opted in or out. If opted in then the agency should cough up regardless.
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    Quote Originally Posted by maxpower View Post
    I was emailed and advised I would be paid my 5 days’ notice period, but said only to be paid once there laptop was returned. There was a delay in returning the device...
    Possibly an irrelevant question, but how long was this delay in returning the laptop?
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