Breached notice period

[kingcook]

Is your company being paid for 16 or 18 days?

[Contreras]

If you're inclined not to follow a legal route because you believe the case is too weak then offer to work any extra days needed within reason to keep the client happy.

When they refuse (quite likely) you then have a strengthened case to pursue the debt.

If they accept then either you decide to do it (effectively on double rate), or blow raspberries down the phone and you're no worse off than now.

[Jeebsy]

18 worked, paid for 16 if the agency stick to their guns

[Old Greg]

18 worked, paid for 16 if the agency stick to their guns

Have you talked to the end client?

[Jeebsy]

If you're inclined not to follow a legal route because you believe the case is too weak then offer to work any extra days needed within reason to keep the client happy.

When they refuse (quite likely) you then have a strengthened case to pursue the debt.

If they accept then either you decide to do it (effectively on double rate), or blow raspberries down the phone and you're no worse off than now.

No can do - moving to Scotland tomorrow (been living in London last six years).

Have you talked to the end client?

They don't really care, i'm one of 800+ contractors on the site. Me leaving causes no actual detriment

[Old Greg]

No can do - moving to Scotland tomorrow (been living in London last six years).



They don't really care, i'm one of 800+ contractors on the site. Me leaving causes no actual detriment

But have they paid the agency for your two days or are they charging the agency for a breach? Ask them.

[Contreras]

They don't really care, i'm one of 800+ contractors on the site. Me leaving causes no actual detriment

So if you've already abandoned legal action except to threaten it then what is there to lose by offering to work the extra days? The client will say no and then the agency loses its case for damages.

[Jeebsy]

They asked if I could work tomorrow and Friday to make up for it but I can't as i'm packing a van and heading back to Scotland tomorrow

[ASB]

It seems to me it is a specific remedy. As such it is not limited to the agency loss.

Also it was plainly agreed by both parties.

There is arguably some confusion in that the contract does use terms worked and working.

If I were the agency I would simply bill the 2 days contractual remedy and contra it against tbe invoice.

On the threat of suing I would politely point out the contractual terms, point out they will be defended and try for costs.

I dont believe the agency are being in any way unreasonable.

[Contreras]

Failing all else, bank it as part of an IR35 defence. No employee could reasonably be fined for being off sick.