New to contracting - notice question

[LondonManc]

It's not that. I went into contracting with eyes wide open and know it doesn't give me the same security and protection as a perm role.

I've just got on with life since this contract I'm asking about, but it's been niggling, mainly because they asked for a 6 week invoice after promising to pay notice, I submitted it, and I've had to chase them because they haven't paid anything at all. Now they're saying it's because the invoice is wrong and should only be for 2 weeks! All the while no one is taking my calls and I'm without any money from them at all.

I probably would have left it had they paid the 2 weeks and said that's all you're getting.

But I'm pissed off now and wanted to see if there's anything to be done.

So would would have happened had I had a better offer and wanted to leave with immediate effect?

Did you get that in writing?

It's the only chance of getting paid if you did.

As the other contributors have said - no signed timesheet, no pay. You've also learned the hard way that no notice is the short end of the stick; many firms are nice about it and will sign off your timesheets/let you work your notice; others will simply look to cut costs completely and get you out that day. Main thing to learn is to get everything in writing that they promise (even if it means printing it off or forwarding it to your company email address before you leave) so that you can hold them to it.

The cynic in me thinks that the agent might have trousered the four extra weeks, but you'll not know without contacting your old client directly. If you feel aggrieved, you may want to take the gamble; if you were on, say, £500 a day, that's £8000 that's worth chasing to see if the end client have confirmed payment to the agency. DO NOT SPEAK TO THE AGENCY until you have established if the client has paid. If they haven't and you haven't got evidence that they said they'd pay the extra four weeks, then you've not got a leg to stand on.

[Alex B]

Again, I see your point, but I don't think it's going to get anywhere. The agency will probably (correctly) claim that the agent was mistaken in believing you could invoice for the 4 weeks. But your first point probably does explain why "negligence" was put down as a reason. It's almost certainly the agent mistakenly believing he has to put that down in order not to pay you your notice period.

Most important thing is to check for a MOO clause in your contract. Assuming one exists, then you have no case.

I need to read up on MOO... unless you can explain further?

[LondonManc]

I need to read up on MOO... unless you can explain further?

Mutuality of Obligation - as a permie, you're obliged to turn up and they're obliged to give you work.

As a contractor, they're not obliged to give you work and you're not obliged to accept (noting that the latter can be extremely contract-limiting!)

[Alex B]

Did you get that in writing?

It's the only chance of getting paid if you did.

As the other contributors have said - no signed timesheet, no pay. You've also learned the hard way that no notice is the short end of the stick; many firms are nice about it and will sign off your timesheets/let you work your notice; others will simply look to cut costs completely and get you out that day. Main thing to learn is to get everything in writing that they promise (even if it means printing it off or forwarding it to your company email address before you leave) so that you can hold them to it.

The cynic in me thinks that the agent might have trousered the four extra weeks, but you'll not know without contacting your old client directly. If you feel aggrieved, you may want to take the gamble; if you were on, say, £500 a day, that's £8000 that's worth chasing to see if the end client have confirmed payment to the agency. DO NOT SPEAK TO THE AGENCY until you have established if the client has paid. If they haven't and you haven't got evidence that they said they'd pay the extra four weeks, then you've not got a leg to stand on.

Yes, in an email from the agency. It says that I need to provide them an invoice for the time worked and the 4 weeks notice then they will pay it. Since then the story has changed and the invoice became 'incorrect' and needs to be 2 weeks to be paid.

[Alex B]

Mutuality of Obligation - as a permie, you're obliged to turn up and they're obliged to give you work.

As a contractor, they're not obliged to give you work and you're not obliged to accept (noting that the latter can be extremely contract-limiting!)

LOL yes.

How is that usually phrased? I'm reading through the contract and nothing is jumping out.

[northernladuk]

Yes, in an email from the agency. It says that I need to provide them an invoice for the time worked and the 4 weeks notice then they will pay it. Since then the story has changed and the invoice became 'incorrect' and needs to be 2 weeks to be paid.

They will pay the 4 weeks IF an appropriate signed timesheet turns up. It didn't so it's down to 2 weeks.

One thing to remember is your contract is with the agent. Doesn't matter what the client says. It means nothing. The agent pays you. The client has made a mistake, the agent has pointed the terms of the contract, the client has agreed and now it's 2 weeks.

Not really many other ways of saying it.

[LondonManc]

LOL yes.

How is that usually phrased? I'm reading through the contract and nothing is jumping out.

https://www.qdoscontractor.com/docs/...d.pdf?sfvrsn=2

[LondonManc]

They will pay the 4 weeks IF an appropriate signed timesheet turns up. It didn't so it's down to 2 weeks.

One thing to remember is your contract is with the agent. Doesn't matter what the client says. It means nothing. The agent pays you. The client has made a mistake, the agent has pointed the terms of the contract, the client has agreed and now it's 2 weeks.

Not really many other ways of saying it.

Depends - if the client has agreed to pay without a signed timesheet and Alex has proof of this, then there is a chance of payment.

[northernladuk]

LOL yes.

How is that usually phrased? I'm reading through the contract and nothing is jumping out.

Did you get your contract checked by QDOS or the like. If you didn't and suitable MoO clauses are not in there your IR35 status could be in jeopardy.... Which is saved by the fact you've been terminated and can prove financial risk.

[LondonManc]

Have a look at this too (not you NL):
https://www.gov.uk/employment-status/worker