Agency refusing to honour 28-day notice period

[TheFaQQer]

Have to disagree with this. If you have a contract with a company to provide a service... it is binding in law unless it can be proven otherwise. If misconduct is the reason, then the party at fault will not have a leg to stand on if the contract is terminated with immediate effect.

If the notice period is ineffective, just imagine how many contractors would walk out on a contract as soon as they have been offered a better contract. The agency who put the contractor in the original placement would be up in arms and would consider legal action.

It works both ways.

No, it doesn't work both ways. There is a BIG difference here.

Client is obliged to pay for the work that the contractor performs. Until the end of the contract, or the contractor gives notice, the contractor is generally expected to do the work (albeit with D&C restrictions borne in mind).

So, if the client says "here's your notice, but there is no work for you to do", then they don't pay you and you get the notice. If the client says "we'll let you go in 28 days, but there is 28 days more work" then fantastic - you get the notice and work and get paid. If they say "we'll let you go in 28 days, but there's only 10 days work to do" then you get the notice, only work 10 days, but get paid 10 days. If the contractor walks out without giving notice, then they are in breach of contract.

The client for the OP is not being particularly savvy, nor is the agency. If they said "here's your 28 days notice, don't come in again" then they would not be in breach of contract at all, and the OP is still no better off. I would also imagine that if pushed, their legal department would fall back on this and the "miscommunication" between agency, client and contractor to adopt this position.

IANAL etc.

[Gonzo]

I have to agree with FaQQer on this.

Has the OP still been turning up at the client site providing services since notice was given?

I doubt it. So the charge for work done since then should be zero, which is what it sounds like he is getting.

Damn permie mentality

[BrilloPad]

Someone at clientco (IB) got into a very heated argument with a permie - sacked on the spot. Got 4 weeks notice.

I do wonder if Huxley are trying it on......

[TheFaQQer]

I have to agree with FaQQer on this.

I find it saves time to agree with me first

Someone at clientco (IB) got into a very heated argument with a permie - sacked on the spot. Got 4 weeks notice.

I do wonder if Huxley are trying it on......

I suspect that the paid 4 weeks notice is more to do with client not knowing what they have to pay for or not. My current government client does the same - they give 4 weeks notice and pay you off. However, from an IR35 perspective, does that not help move you inside IR35 since there is then an implied MOO if you are paid for not working.

So, are you better off being outside IR35 and not getting paid notice, or inside IR35 and getting it paid? (Obviously, since the OP is inside it's a moot point for him, but for those that are outside, it's worth doing the maths before complaining too much!)

[Beefy198]

Surely there was a notice period in the contract though? Imagine how the agency would feel if you said "I've found a new role and am clearing off as of now".

Hardly professional.

[Olly]

Surely there was a notice period in the contract though? Imagine how the agency would feel if you said "I've found a new role and am clearing off as of now".

Hardly professional.

There almost certainly is...but it's highly unlikely to be reciprocal

[Moscow Mule]

This is the reason I try not to have notice periods, but early-termination fees written into the contract.

[BrilloPad]

I find it saves time to agree with me first



I suspect that the paid 4 weeks notice is more to do with client not knowing what they have to pay for or not. My current government client does the same - they give 4 weeks notice and pay you off. However, from an IR35 perspective, does that not help move you inside IR35 since there is then an implied MOO if you are paid for not working.

So, are you better off being outside IR35 and not getting paid notice, or inside IR35 and getting it paid? (Obviously, since the OP is inside it's a moot point for him, but for those that are outside, it's worth doing the maths before complaining too much!)

Can I ask the audience? Then I will take 50/50.....

[TheFaQQer]

Surely there was a notice period in the contract though? Imagine how the agency would feel if you said "I've found a new role and am clearing off as of now".

Hardly professional.

The equivalent for the contractor is saying "I'm giving 28 days notice, and will be unavailable for the next four weeks". If the contractor has a clause in the contract which says something like needing to arrange absences when convenient with the client, then that would break that clause though.

[TheFaQQer]

Can I ask the audience? Then I will take 50/50.....

If you want 50, how much is Gordon taking???