Notice period query

[Ardesco]

I would agree and say it is a lost cause, however it may well be worth sending a few letters to the agency with a bit of bluster in them, you never know they may offer you something.

Bear in mind:

• Contract is with agency, not end client. Forget that the end client exists.
• Notify them that you have written evidence of the initial reason for termination, which does not match up with current version and ask them to provide evidence of gross misconduct.
• Highlight all clauses in contract and tell them that your solicitor is positive that you will win in court, and you will be claiming costs and compensation/interest when you do. (Doesn't matter if you have talked to a solicitor or not, if they are likely to loose in court they will already know, all you are doing is telling them that you know they know they are likely to loose)

If it does come down to court I wouldn't bother. The cost in lost earnings while you go through the court process (because they will drag it on) is likely to be more than the amount you get from them anyway. A bit of FUD aimed at the agency can only be a good thing though, if they belive that you are deadly serious and are going to go all the way they may well pony up something to keep you happy.

[fzbucks]

Your contract is with your agency, not the client, so it is them you should go after. It sounds like there is more to this than what you have described if they have decided to state gross misconduct though? But based on the information you have given it would seem like you have a case against them.

If he is with a brolly company wont his employment be with them and then contract is between the brolly-agency-client

thats the problem as I see it with brolly's they'll be there for you to claim your money and pay your tax but stuff you on any issue that involves them working for you

[baggers]

Thanks all

Guys
Thank you all for your responses and thoughts. I've decided to see the solicitor as I believe I have a case to win here. I have 'shot one accross the bows' (oraclesmith) and the agency 'Harvey Nash' replied saying I have no contract with them, but I may have one with the brolly 'Parasol'.

Take into account all this happened prior to the changes implemented last April regarding brollies, and contract falls within IR35, I reckon I should go after agency. As promised, I have named all involved (cooperinliverp00l).
And finally to chris79, there is no more to this. Reason for termination: End-Client did not believe project was worth continuing at that time. Reason given for termination AFTER I'd submitted timesheets for the 4 weeks notice period: Gross misconduct with regards internet & email.

Thanks to Lewis and Ardesco for the empathy

I'll let y'all know how I get on at solicitors.

[tino]

Guys
Thank you all for your responses and thoughts. I've decided to see the solicitor as I believe I have a case to win here. I have 'shot one accross the bows' (oraclesmith) and the agency 'Harvey Nash' replied saying I have no contract with them, but I may have one with the brolly 'Parasol'.

Take into account all this happened prior to the changes implemented last April regarding brollies, and contract falls within IR35, I reckon I should go after agency. As promised, I have named all involved (cooperinliverp00l).
And finally to chris79, there is no more to this. Reason for termination: End-Client did not believe project was worth continuing at that time. Reason given for termination AFTER I'd submitted timesheets for the 4 weeks notice period: Gross misconduct with regards internet & email.

Thanks to Lewis and Ardesco for the empathy

I'll let y'all know how I get on at solicitors.

Baggers - Had the same difficulty myself with Parasol chasing an agency, In fact my story is almost identical to yours. I managed to get 3 out of 4 weeks payment and have just requested my P45 coupled with a stinging statement that I will out their incompetance to every other contractor I know.

Fannies

[TheFaQQer]

Malvolio.. While you're here - what would your advice be in a situation that's the same except the contractor had worked the days that the end client (and thus agency, umbrella) was refusing to pay for?

And how about under an old MSC arrangement where the contract between MSC and contractor was only for minimum wage?

Friend of mine's having some long-running problems, I've just said 'get legal advice' but are there any other ideas here that I could pass on?

This is different - in your case, your "friend" has worked the days, and should be paid for them. Get a solicitor to write to them chasing the bad debt, or have a look at payontime to see how to get the money.

[Bluebird]

aren't Parasol backed by someone else ?