New to contracting - notice question

[Alex B]

In that case, split the invoice into two different ones as I suggested. That way the first one has to be paid, and you can argue the second one.

Then, when the second one is late, either get a cheap solicitor to send a debt chasing letter or file a small claims court action against the agency for not paying.

I might do that. Just to satisfy myself I've done what I can. And if I lose I lose.

[Alex B]

THIS!!!

Good luck with part 2 though. That said they do fold occasionally, although pulling the instant termination route on you kind of kills that off. That is your word v theirs.

Well, I suppose they'd have to prove it and looking back there is absolutely nothing I did that comes even remotely close to negligence. I wasn't there long enough to do much and what I did do was mostly familiarize myself with the project, so they would have to make up a lot of retrospective tulip to make something stick and to be honest I doubt the client would play that game. Could be wrong of course!

[northernladuk]

Well, I suppose they'd have to prove it

No they don't.

[Alex B]

Every contract is a gamble that you will be walked off from day one.

So take the contract you like the sound off them most then if it is cut short don't get upset.

I know and I'd do the same again in the same circumstances. I'm just explaining that all in all it feels like I've been shafted. I would have walked away with just the 2 weeks if everyone involved hadn't promised to pay the notice period. I would have still been the loser because of the rest of that contract not happening and the fact that I turned down a 3 month gig which would have probably been fine.

It would be interesting to see a judge have a say on all this. I expect most of us mostly walk away from these situations. The little guy doesn't like taking on big business and I'm in a new contract and busy (working from home today lol) so I wonder how often legal action is taken, and I'm guessing probably not very often so agencies feel on very safe ground doing whatever they want. So it may be worth having a go and hoping for a fair bloke or woman on the bench. It's not like I'm asking for anything out of the ordinary or being greedy. I took a job I know I could do well and was prepared to give them the 12 months they signed me up for. Their needs changed, I get it. But that's what the notice period should be for. If the contract is such that it states a 4 week notice period but it actually lets them get rid of you on a whim then the law should have an opinion on it.

I read the contract before I signed it and thought 4 weeks notice either way was fair. I know I'd never be negligent in my work so the instant dismissal clause didn't scare me.

[Alex B]

No they don't.

Don't they have to show that I was negligent?

[northernladuk]

Don't they have to show that I was negligent?

Not unless it went legal and they say you didn't perform as an expensive professional should. You say you did. Lawyer gets rich.

[Scratch It]

I know and I'd do the same again in the same circumstances. I'm just explaining that all in all it feels like I've been shafted. I would have walked away with just the 2 weeks if everyone involved hadn't promised to pay the notice period. I would have still been the loser because of the rest of that contract not happening and the fact that I turned down a 3 month gig which would have probably been fine.

It would be interesting to see a judge have a say on all this. I expect most of us mostly walk away from these situations. The little guy doesn't like taking on big business and I'm in a new contract and busy (working from home today lol) so I wonder how often legal action is taken, and I'm guessing probably not very often so agencies feel on very safe ground doing whatever they want. So it may be worth having a go and hoping for a fair bloke or woman on the bench. It's not like I'm asking for anything out of the ordinary or being greedy. I took a job I know I could do well and was prepared to give them the 12 months they signed me up for. Their needs changed, I get it. But that's what the notice period should be for. If the contract is such that it states a 4 week notice period but it actually lets them get rid of you on a whim then the law should have an opinion on it.

I read the contract before I signed it and thought 4 weeks notice either way was fair. I know I'd never be negligent in my work so the instant dismissal clause didn't scare me.

One of the reasons a contractor is able to operate in the capacity of a business is because of the risks involved

Either way, you're letting your emotions get in the way of good decision making. Its irrelevant how you feel about the situation, and what you were prepared to do. The notice period is entirely superceded by the 'no timesheets' clause.

You're wasting energy on this now, put your thoughts to better use.

[fidot]

As others have said, get the invoice for the 2 weeks sorted first.

Then, I would drop the client contact a friendly email saying something like "hey remember how we agreed that the additional 4 weeks would be paid? Well, it appears the agency can't do that without signed time sheets so please can you sign time sheets for ode 4 weeks"

This should smoke out whether the agency are withholding money while still keeping it lght for now.

[ShandyDrinker]

As others have said, get the invoice for the 2 weeks sorted first.

Then, I would drop the client contact a friendly email saying something like "hey remember how we agreed that the additional 4 weeks would be paid? Well, it appears the agency can't do that without signed time sheets so please can you sign time sheets for ode 4 weeks"

This should smoke out whether the agency are withholding money while still keeping it lght for now.

As others have said in some excellent points on this thread and as I have discovered previously having been in a similar situation, the contract will most likely have the clauses regarding no payment without a signed timesheet plus in some cases may say that presenting a timesheet without performing the work may be fraudulent. I was advised similarly by the IPSE tax and contract helplines. The plus point of the situation the OP found themself in is that it is good from an IR35 perspective as it shows the risks inherent in contracting.