Notice period issue/argument

[Wanderer]

Issued the agency with an invoice for the days worked that week plus the notice period of 28 days.. awaiting them coming back to me.

Good man. Let us know how you get on!

[RockyBalboa]

UPDATE: 06/07/2011.

After pressing the Agency on several occasions in the past few weeks, they have (as I anticipated) gotten back to me (by phone) saying that they will not be paying 28 days notice and that they are 'invoking 9.2.10'. [Awaiting a letter in the post].

9.2.10 the agreement between the Client and the Company be terminated forthwith by the Client for any reason.

As mentioned in previous posts, the arrangement of this contract has been as follows:

Consultant/Service Provider -> Agency X -> PSL -> Client

However, the contract is worded as follows:

Client Name = Name of PSL
Registered Client Address = Address of PSL
Working Address = A particular office of the end ACTUAL client (not the office I was working at).

I also have in writing from the Agent that I have been issued notice on a date NN (the argument started around the number of days notice and clearly if Agency X make a payout to me for the 28 days, they are exposed to monetary loss as their agreement with the PSL is only 5 days).

What I would like are opinions on whether I have a leg to stand on if I take this forward and, if I were take it forward, what is the best way (my Solicitor? Small Claims Court?).


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The full 'Termination' section from the contract is below:

9 Termination
9.1 The Company may, in the first week of Supply, terminate the Service Provider forthwith without cause.
9.2 The Company may terminate the Agreement forthwith should;
9.2.1 the Client find the Service Provider to be negligent, inefficient, or technically unsuitable;9.2.2 the Client advise the Company that the Service Provider’s Consultant(s) has, in its reasonable view, committed an act of
misconduct which makes it unacceptable for the Client to continue to use the Services;
9.2.3 the Client fail to make payment to the Company in accordance with any of its agreements with the Company for the provision of
Services. For the avoidance of doubt this Sub-Clause is not restricted to the Client’s failure to pay for the Service Provider’s
Services provided pursuant to the Agreement;
9.2.4 the Service Provider breach any term of the Agreement and fail to remedy any such breach (where capable of remedy) within
seven days of notice being given by the Company to the Service Provider requiring remedy and/or commit persistent minor
breaches of the Agreement;
9.2.5 the Agreement between the Company and the Client fail to commence for whatever reason;
9.2.6 the Service Provider and/or its Consultant(s) be convicted of a serious criminal offence which, in the opinion of the Company,
could affect the Company’s reputation;
9.2.7 a receiver, administrative receiver, administrator or similar officer be appointed to the Service Provider or any part of its assets or
undertaking, or the Service Provider go into liquidation;
9.2.8 the Service Provider be unable to fulfil the Agreement, as required for any reason;
9.2.9 a receiver, administrative receiver, administrator or someone of similar office be appointed to the Client or any part of its assets or
undertakings, or the Client go into liquidation;
9.2.10 the agreement between the Client and the Company be terminated forthwith by the Client for any reason.
9.3 The Agreement may be terminated at any time by either party upon the provision of 28 days notice in writing to the other party unless
stated otherwise in the relevant schedule.

[Wanderer]

Talk it through with the PCG helpline again. Send them what you've posted here and see what they say. The contract appears to contradict itself by saying there is 28 days notice (9.3) and that there is no notice at all (9.2.10). I'd be interested to hear what they say having seen the full wording of section 9 of your contract.

[ratewhore]

I must be missing something here. You're on 28 days notice to terminate the contract. Your contract will specify you get paid for the days you work and that will be proved by a signed timesheet. If you do nothing within that 28 days, no timesheet is signed and you don't bill...

[northernladuk]

I must be missing something here. You're on 28 days notice to terminate the contract. Your contract will specify you get paid for the days you work and that will be proved by a signed timesheet. If you do nothing within that 28 days, no timesheet is signed and you don't bill...

That's how I read it. No work no pay. Gauranteed pay for doing nothing is permie land.

[RockyBalboa]

The client gave me notice and said I could work the notice from home and they would provide me with work in that time if they have any. Therefore, the end client clearly expected to pay for 'that time'. The debate is over 'that time'. Agency X has not covered it's rear and has been caught out signing me up to a 28 day notice period whilst only having a 5 day notice period in it's contracts with the PSL.

[Sockpuppet]

Ello all,

I was recently in a 6 month role in which there wasn't much work to do (well hardly any work was given). Anyway, 2 months have gone by and an 'excuse' was made that work was not done to the required standard.

The contract states the following main termination clauses:

1. Contract can be terminated in the first week without cause.
2. The client can terminate the agreement fortwith if the consultant is 'inefficient'.
3. The agreement between the client and the company may be terminated forthwith by the Client for any reason
4. The agreement can be terminated at any time by either party upon the provision of 28 days notice in writing to the other party unless stated otherwise in the relevant schedule.

However, I was issued notice to work from home and the client maintains that this is only for a period of 1 week.

As I have been issued noticed and not dismissed on the spot, the question is around the notice period - my contract states 28 days. I have informed the agency that as far as I am concerned, it should be 28 days.

The Agency states that things are a bit more complicated as there is a preferred supplier involved as follows:

The chain between myself and the company is as follows:

Consultant - Agency - Preferred Supplier - Client

As far as I am concerned, I have not been dismissed on the spot and therefore, I have 28 days notice to work from home. My contract is with the agency and their own contracts with the preferred supplier or Client are nothing to do with me.

Opinions?

Thanks.

Your a contractor. You can have 28 days notice but asked to do **** all in that time so you don't get paid. If you want job security and notice periods become a permanent employee.

[Wanderer]

I must be missing something here. You're on 28 days notice to terminate the contract. Your contract will specify you get paid for the days you work and that will be proved by a signed timesheet. If you do nothing within that 28 days, no timesheet is signed and you don't bill...

Not correct. You sign a contract to provide services 5 days a week for 6 months. There is an obligation on the client to provide work for that period and equally an obligation for the consulting company to carry out the work for the client.

To terminate the contract before the end, 28 days notice must be given by either party. During that 28 days there is still a contractual obligation on the client to provide work and for the consultant company to carry that work out. If the client fails to provide any work but the consultant company is still available to do the work then the consulting company will still invoice and get paid.

[blacjac]

Not correct. You sign a contract to provide services 5 days a week for 6 months. There is an obligation on the client to provide work for that period and equally an obligation for the consulting company to carry out the work for the client.

To terminate the contract before the end, 28 days notice must be given by either party. During that 28 days there is still a contractual obligation on the client to provide work and for the consultant company to carry that work out. If the client fails to provide any work but the consultant company is still available to do the work then the consulting company will still invoice and get paid.

Only if you are a disguised employee working under IR35 rules...

[Sockpuppet]

Not correct. You sign a contract to provide services 5 days a week for 6 months. There is an obligation on the client to provide work for that period and equally an obligation for the consulting company to carry out the work for the client.

To terminate the contract before the end, 28 days notice must be given by either party. During that 28 days there is still a contractual obligation on the client to provide work and for the consultant company to carry that work out. If the client fails to provide any work but the consultant company is still available to do the work then the consulting company will still invoice and get paid.

With blackjac on this one he is correct. There will be a clause stating "the client is under no obligation to provide work and the contractor is under no obligation to do it".

You can have 28 days notice of terminating the agreement if there is no work in that 28 days then tough tulip.