How do you handle disgruntled permanent staff and management

[SlipTheJab]

Looking through all these 17 pages, I just find myself wistfully thinking, "I'm sure Suity would have something to add of no value here."

FTFY

[LondonManc]

My understanding is that even if no work was available I'm covered in the event they wished to end the contract. At the end if the day we're businesses too. However I'm not in the position to find that out since l terminated the agreement.

My timesheet is signed by the client, I'm concerned the agent in question will not process the invoice Unger the guise that I've breached contract.

Ordinarily I wouldn't be but the tone of the email and the fact that it's coming not from the agent with who I've conducted all my business so far but rather her boss is setting my spider sense tingling.

They'll want their commission off your invoice, so it'll get sent; don't worry about that. Whether you get to find out that they've submitted it to the client or not is the more pertinent question.

[Illustrious]

For clarity on what is in my contract regarding termination and notice, I've copied the whole thing on Termination and posted it here.



Anything in there that's alarming?

I understanding the giving of the notice, but no one, anywhere, is really under any obligation to work it.

They'll want their commission off your invoice, so it'll get sent; don't worry about that. Whether you get to find out that they've submitted it to the client or not is the more pertinent question.

What's to stop them from getting the money off the client and then just never payming me it? After all, my contract is with the agency, not the client. They can invoice them to their hearts content. I'm probably being way too paranoid though

[Old Greg]

For clarity on what is in my contract regarding termination and notice, I've copied the whole thing on Termination and posted it here.



Anything in there that's alarming?

I understanding the giving of the notice, but no one, anywhere, is really under any obligation to work it.

Is there an obligation to provide services while the contract is in force. Can you take leave when you want etc.?

[Illustrious]

Is there an obligation to provide services while the contract is in force. Can you take leave when you want etc.?

No obligation, I can take leave when I choose as long as I tell the client I won't be in any specific days.

[LondonManc]

For clarity on what is in my contract regarding termination and notice, I've copied the whole thing on Termination and posted it here.



Anything in there that's alarming?

I understanding the giving of the notice, but no one, anywhere, is really under any obligation to work it.



What's to stop them from getting the money off the client and then just never payming me it? After all, my contract is with the agency, not the client. They can invoice them to their hearts content. I'm probably being way too paranoid though

That's what I was saying to you. They'll get their commission. They may also take your invoice as "damages".

Also, what Old Greg said is completely pertinent.

[Illustrious]

That's what I was saying to you. They'll get their commission. They may also take your invoice as "damages".

Also, what Old Greg said is completely pertinent.

It's my main fear to be honest. Although what damages they could suffer as a consequence of me handing my notice in and then not working the 5 days after would be hard to prove on their part. Otherwise, why not have a notice period of 45 days? Or just prevent people from quitting altogether.

I do have another get out though. If they say anything I'll point out how the job I applied for and the one I received are not in the same place. I thought I was working at the head office, and the email from the agent confirms as much. Dev team is in another office nearly 35 miles away which on country roads adds an extra hour to my journey....but I'll save that just in case.

[SlipTheJab]

At the end of the day two wrongs don't make a right, no matter whether you were supposed to give notice or not, they can't withhold your money, if they are entitled to compensation for you leaving without working your notice they have to raise that as a separate claim and take you to court (which they wont), if they don't honour the invoice you can take them to court for it, small claims I would imagine?

[Old Greg]

It's my main fear to be honest. Although what damages they could suffer as a consequence of me handing my notice in and then not working the 5 days after would be hard to prove on their part. Otherwise, why not have a notice period of 45 days? Or just prevent people from quitting altogether.

I do have another get out though. If they say anything I'll point out how the job I applied for and the one I received are not in the same place. I thought I was working at the head office, and the email from the agent confirms as much. Dev team is in another office nearly 35 miles away which on country roads adds an extra hour to my journey....but I'll save that just in case.

If you are contractually permitted to give notice and you are contractually permitted not to work any day during your contract, then the pimp is contractually obliged to pay you for days worked (with some potential complexity if the days are worked but timesheet not signed). Am I missing something?

[Illustrious]

If you are contractually permitted to give notice and you are contractually permitted not to work any day during your contract, then the pimp is contractually obliged to pay you for days worked (with some potential complexity if the days are worked but timesheet not signed). Am I missing something?

No, we've broken it down into it's simplest terms. I can give notice, I can take time off. I think I just needed the sage advice of other contractors on here who aren't as blinded by loathing and distrust of the client and agent as I am at present.

The issue here really is the agency getting their knickers in a twist and trying to frighten me into going back to get commission on what would now be only 3 days left in the week.

Looking at it now, the worst they could do is attempt to withhold payment of last weeks invoice but I'd be willing to go all the way to recover those costs. As far as I'm concerned, especially with IR35 in place, working notice if they tell me to work it would only show me as being under direction and control...