Breached notice period

[northernladuk]

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

You can see how this looks to both the client and agency.....

[Jeebsy]

You can see how this looks to both the client and agency.....

Not really, do tell

[TheFaQQer]

I've never seen a contract insist on days worked in the notice period - you could go back at any stage in the future and work those two days and they would have to pay you.

Book a long weekend in London at some stage, and tell the agency and client that you'll be working those days. If they refuse access, then you have a better claim for getting your money back.

Sounds unfortunate, but I can't really see that the agency are doing much wrong.

[Old Greg]

It would be good to get some proper advice rather than from us bunch of amateurs.

It looks to me that 18 days have been worked and invoiced and that invoice should be paid.

It the agency then wants to charge the contractor company for 'payment in lieu of notice' then it should invoice the contractor company for an amount which it justifies either through the contractual terms or by demonstrating loss. Part payment of invoice seems peculiar to me and I'm not sure how it can be justified.

Does opt in have an effect anyone? If a timesheet is signed for 18 days and submitted with an invoice, shouldn't that invoice be paid?

[TheFaQQer]

It would be good to get some proper advice rather than from us bunch of amateurs.

Sounds like a quick call to the PCG legal helpline could be good.

[northernladuk]

It would be good to get some proper advice rather than from us bunch of amateurs.

It looks to me that 18 days have been worked and invoiced and that invoice should be paid.

It the agency then wants to charge the contractor company for 'payment in lieu of notice' then it should invoice the contractor company for an amount which it justifies either through the contractual terms or by demonstrating loss. Part payment of invoice seems peculiar to me and I'm not sure how it can be justified.

Does opt in have an effect anyone? If a timesheet is signed for 18 days and submitted with an invoice, shouldn't that invoice be paid?

+1 to this. The theory may be right but the way they are going about it is wholly wrong.

An interesting thread for the 'Call in sick to get out of a notice period' crowd.

[Old Greg]

Sounds like a quick call to the PCG legal helpline could be good.

But in our state of ignorance, I would demand payment and pursue via normal dunning methods, and suggest they make a claim for 'payment in lieu of notice' which does not appear to quantify that payment.

[TheFaQQer]

But in our state of ignorance, I would demand payment and pursue via normal dunning methods, and suggest they make a claim for 'payment in lieu of notice' which does not appear to quantify that payment.

If the line

Failure of the Contractor to provide sufficient notice in accordance with this Contract for services without prior agreement with and confirmation (in writing) from Agency X will result in payment in lieu of notice being charged.

is part of a contractual term, then I would suspect that they are within their rights to withhold payment from monies owed. If it is just an explanatory note which comes with the contract, then I would go with your approach and invite them to sue to recover the monies that they think are owed.

[Old Greg]

If the line

is part of a contractual term, then I would suspect that they are within their rights to withhold payment from monies owed. If it is just an explanatory note which comes with the contract, then I would go with your approach and invite them to sue to recover the monies that they think are owed.

But how much payment in lieu of notice? A whole day's fee per day? The agent's margin per day? Seems unclear to me from that clause that if you work 10 days only, the agency withholds 10 days' payment. And certainly I don;t see why any payemnt should be withheld from an invoice.

[JRCT]

Following the logic of the Agency here, does this mean that if the OP was hit by a bus or so seriously ill that he couldn't complete the contract and therefore couldn't 'work' any notice period that he (or his estate) would have to pay the agency 20 x day rate?