Cannot serve the full notice period

**northernladuk** · 12 January 2016, 17:03

Originally posted by anusanjay2010 View Post

My notice period for current contract is of 4 weeks. I cleared a very good gig (close to home, high rate and long term) but they want to me to join in 2 weeks. I have made up my mind to join this new contract – that means will be serving half of the notice period. I tried to convince my current client and agent but they are not ready to negotiate on 4 weeks’ notice period. I tried to convince my future client and they are also very particular to join in 2 weeks (take it or leave it).

Now my query is:
- My agent said that as I am not serving the full notice period and so he will stop payment for this month (3 weeks). There is no such clause in contract paper. Can he legally do that ?
- If he does that what is the way I can extract my pay of 3 weeks. I will have the copy of time sheet that is fully approved.

Any suggestion or pointer will be very helpful – I’m just confused what to do

You are in breach of contract which can be serious. He can sue you for any losses incurred by your breach. We've argued what these might be before but it could include..
His lost revenue
Costs of re-advertising
Costs of recruiting next guy
Any costs or penalties imposed by his client

Now what should happen is he pays you and then sues you so yes in theory you have every right to get that money. The agent will have to then start proceedings against you for his money. That said possession is 9/10ths the law and it's going to have to be you who issues proceedings against him to get it off him..

It's not beyond the realms of belief that he could contact your new agent/client and advise you are in contract with them just to be an arse but I expect he won't know who they are so not one to worry about I guess.

You don't think you can just skip you obligations in a contract as it suits you with no come back?

**fidot** · 12 January 2016, 17:31

Sub-Contract

You could look at sub-contracting so that your company can continue servicing the existing client while allowing you personally to work for the new client.

**SueEllen** · 12 January 2016, 19:09

Originally posted by anusanjay2010 View Post

Now my query is:
- My agent said that as I am not serving the full notice period and so he will stop payment for this month (3 weeks). There is no such clause in contract paper. Can he legally do that ?
- If he does that what is the way I can extract my pay of 3 weeks. I will have the copy of time sheet that is fully approved.

You have handed this wrong.

Firstly the agency cannot just decided not to pay you in advance. They have to wait for you to leave early and only then can they take legal action to get the money back from you. However they will need to produce evidence of their costs and if they refuse to you should take them to court/send a debt collector after them. (If you are in a new contract it will be good practise on how to chase up a debt.)

Secondly what you need to do is tell the client I have a "mate" who you will subcontract the contract to for 2 weeks and I will give them 3 days handover at no cost to you. Then find someone who can do your contract with similar skills who is available for 2 weeks and 3 days only You need to make sure you record all phone calls and do as much correspondence as feasibly possible by email e.g. between you and the "mate", you and the client.

Finally when the client hopefully tells you to do one, you then tell the agency the client doesn't want a subcontractor and because you have the evidence that you found someone who you could subcontract the contract to, if the agency then refuses to pay you will be the one threatening them with court action for breach of contract as they deceived you about the right to substitution.( The amount you want is the 2 weeks.)

In future if you need to leave a contract early have a proper conversation with the client before going anywhere near the agency. Clients don't want unhappy contractors on-site.

Oh and make sure the "mate" is real - once the agency realises that this person exists they will back down even if it's at the last minute.

**BrilloPad** · 12 January 2016, 19:25

You should have thrown a sickie.

**SimonMac** · 12 January 2016, 19:25

Originally posted by SueEllen View Post

You have handed this wrong.

Firstly the agency cannot just decided not to pay you in advance. They have to wait for you to leave early and only then can they take legal action to get the money back from you. However they will need to produce evidence of their costs and if they refuse to you should take them to court/send a debt collector after them. (If you are in a new contract it will be good practise on how to chase up a debt.)

Secondly what you need to do is tell the client I have a "mate" who you will subcontract the contract to for 2 weeks and I will give them 3 days handover at no cost to you. Then find someone who can do your contract with similar skills who is available for 2 weeks and 3 days only You need to make sure you record all phone calls and do as much correspondence as feasibly possible by email e.g. between you and the "mate", you and the client.

Finally when the client hopefully tells you do to one, you then tell the agency the client doesn't want a subcontractor and because you have the evidence that you found someone who you could subcontract the contract to, if the agency then refuses to pay you will be the one threatening them with court action for breach of contract as they deceived you about the right to substitution.( The amount you want is the 2 weeks.)

In future if you need to leave a contract early have a proper conversation with the client before going anywhere near the agency. Clients don't want unhappy contractors on-site.

Oh an make sure the "mate" is real - once the agency realises that this person exists they will back down even if it's at the last minute.

WSS

Assuming you have RoS in your contract

**northernladuk** · 12 January 2016, 19:53

Originally posted by SimonMac View Post

WSS

Assuming you have RoS in your contract

Id take a guess he's not has his contract checked so the client will have the right to refuse anyone so that's scuppered.

A smart client would spot there are no timescales attached to RoS so they could interview a week on Friday and have the handover done Monday and Tuesday....of the week the OP should be at the new client.

**SimonMac** · 12 January 2016, 20:04

Originally posted by northernladuk View Post

Id take a guess he's not has his contract checked so the client will have the right to refuse anyone so that's scuppered.

A smart client would spot there are no timescales attached to RoS so they could interview a week on Friday and have the handover done Monday and Tuesday....of the week the OP should be at the new client.

A smart contractor would give four weeks notice and then say that the resource is "sick" for 9 of the last 10 days and come in on the last day to hand over all equipment there by fulfilling the notice period

**northernladuk** · 12 January 2016, 20:21

Originally posted by SimonMac View Post

A smart contractor would give four weeks notice and then say that the resource is "sick" for 9 of the last 10 days and come in on the last day to hand over all equipment there by fulfilling the notice period

Hmmmm.....

**TheFaQQer** · 12 January 2016, 22:22

Originally posted by SimonMac View Post

A smart contractor would give four weeks notice and then say that the resource is "sick" for 9 of the last 10 days and come in on the last day to hand over all equipment there by fulfilling the notice period

Not convinced that I would use the word "smart" to describe such a contractor.

Cannot serve the full notice period