Missing notice from agent

**NotAllThere** · 21 June 2017, 11:36

Originally posted by Khurram View Post

Hi ,
I was working as contractor, My agent ABC had me appointed at via a consultancy THE CONSULTANCY at a Bank TOP TIER. My contract with the agency says both sides have to give a notice of one month. My contract was supposed to finish on 15th June , on 26th of may and 4-5 days before that as well I asked my agency about my contract if it at all being renewed as the TOP TIER told me that my contract may be finishing early with no date penned in. Agent ABC informed me that they were working towards renewal and it might be on the plate.

on 31 May my contract finished. Now they have missed serving the notice, even on last day when I was just told that it is my last day.

Now the agent is telling me that they cannot pay for the notice as the TOP TIER has not paid THE CONSULTANCY and hence they have not received the money from them and they cannot take a loss. I told them that this is not correct and non professional as my contract is with ABC..

Legally is there anything that I can do and get my money back, I am so disturbed that I had to take a day off from the new Job.

FAQ. Try searching the site. Bottom line - suck it up, and get on with your new work. You only get paid for work you've done. Since you've new work already, how would you demonstrate to a court any loss? (Note - you might be able to get the notice period monies, but it depends on your contract, and how much you're prepared to spend on a lawyer).

**Dylan** · 21 June 2017, 11:38

"I am so disturbed that I had to take a day off from the new Job."

Add the day rate for the loss to the claim against the agency.

**MrMarkyMark** · 21 June 2017, 11:38

Originally posted by Khurram View Post

Hi ,
I was working as contractor, My agent ABC had me appointed at via a consultancy THE CONSULTANCY at a Bank TOP TIER. My contract with the agency says both sides have to give a notice of one month. My contract was supposed to finish on 15th June , on 26th of may and 4-5 days before that as well I asked my agency about my contract if it at all being renewed as the TOP TIER told me that my contract may be finishing early with no date penned in. Agent ABC informed me that they were working towards renewal and it might be on the plate.

on 31 May my contract finished. Now they have missed serving the notice, even on last day when I was just told that it is my last day.

Now the agent is telling me that they cannot pay for the notice as the TOP TIER has not paid THE CONSULTANCY and hence they have not received the money from them and they cannot take a loss. I told them that this is not correct and non professional as my contract is with ABC..

Legally is there anything that I can do and get my money back, I am so disturbed that I had to take a day off from the new Job.

More fool you then

.

As NAT says suck it up and move on.

**northernladuk** · 21 June 2017, 11:58

There will be a clause in your contract saying you only get paid upon receipt of a signed timesheet. If you didn't work you won't get a signed timesheet so you won't get paid. It may also say you only get paid once the agency receives payment. The client won't pay anything beyond what they have already so again your contract tells you you won't get paid. Double whammy so don't really have a leg to stand on. And all the other stuff Nat said.

**TheFaQQer** · 21 June 2017, 12:08

Originally posted by northernladuk View Post

There will probably be a clause in your contract saying you only get paid upon receipt of a signed timesheet. If that's the case then if you didn't work you won't get a signed timesheet so you won't get paid. It may also say you only get paid once the agency receives payment. The client won't pay anything beyond what they have already so again your contract tells you you won't get paid. Double whammy so don't really have a leg to stand on. And all the other stuff Nat said.

FTFY to avoid sweeping generalisations.

**SueEllen** · 21 June 2017, 12:25

Originally posted by northernladuk View Post

There will be a clause in your contract saying you only get paid upon receipt of a signed timesheet. If you didn't work you won't get a signed timesheet so you won't get paid. It may also say you only get paid once the agency receives payment. The client won't pay anything beyond what they have already so again your contract tells you you won't get paid. Double whammy so don't really have a leg to stand on. And all the other stuff Nat said.

The vast majority of my contracts don't state any of those clauses.

However they do have clauses in which mean if the work dries up for any unforeseen reason they don't pay notice.

**northernladuk** · 21 June 2017, 13:01

Originally posted by SueEllen View Post

The vast majority of my contracts don't state any of those clauses.

However they do have clauses in which mean if the work dries up for any unforeseen reason they don't pay notice.

That's interesting. My experience is the opposite.

**BrilloPad** · 21 June 2017, 13:07

Were they obliged to pay you? So you were IR35 caught.

**Khurram** · 22 June 2017, 07:17

Originally posted by NotAllThere View Post

FAQ. Try searching the site. Bottom line - suck it up, and get on with your new work. You only get paid for work you've done. Since you've new work already, how would you demonstrate to a court any loss? (Note - you might be able to get the notice period monies, but it depends on your contract, and how much you're prepared to spend on a lawyer).

I found the job after the full notice period was over so I lost money for these many days, does this mean I can get away without serving the notice.

Missing notice from agent