Do I need to give in NOTICE when I have not signed any extension

[northernladuk]

Yes

Correctly?

[Withorwithout]

Correctly?

Well on the heading of the previous extension contract it says 'OPT OUT' in BOLD

[northernladuk]

Well on the heading of the previous extension contract it says 'OPT OUT' in BOLD

Yeah but most Opt Outs' are done incorrectly. It's all a bit of a joke. It must be done before introduction or supply. Now agents read this all wrong. They think it means before you start i.e. supply which would mean the introduction bit is pointless. As far as I am aware the supply bit relates to gigs where you already know the client. So assuming you've never met the client before you must opt out before you interview, i.e. introduction. 99.9% this is dealt with when the gig has been offered to you at contract signing time so the Opt Out is actually invalid. You are technically opted in so they agent MUST pay you regardless of times sheets or payment from the client.

That said I can't remember one time where someones Opt In/Out status has made one iota of difference to the outcome so where CP is quite correct in mentioning it I don't think it's worth a jot. If agents don't understand it they certainly aren't going to honour it.

You've a legal right to get paid, you might have to wait a bit but they should eventually get it sorted once they've calmed down. If they don't you start 'Dunning' and mentioning interest on top of the invoice as per the Late Payments legislation. At this point the agent/client get wind you know what you are talking about and pay up.

[northernladuk]

OP, if you do want to go for the jugular then here is a great thread on how to do it.

https://www.contractoruk.com/forums/...-can-i-do.html

Start using the correct legal terminology and signed for letters they can't avoid will make them sit up and take notice. Agents are very adept in palming you off and ignoring you because many people don't know what to do. As soon as a contractor mentions 'suing' them they'll just laugh their socks off and it's clear that contractor has no idea what to do.

Once you quote legislation that is going to cost them money they'll be on it like a rash.

[Withorwithout]

OP, if you do want to go for the jugular then here is a great thread on how to do it.

https://www.contractoruk.com/forums/...-can-i-do.html

Start using the correct legal terminology and signed for letters they can't avoid will make them sit up and take notice. .

Thanks, I will wait and watch, give some time to the agency and pester them and chase and then will follow with the dunning. Thanks for your help

[Withorwithout]

If they don't you start 'Dunning' and mentioning interest on top of the invoice as per the Late Payments legislation. At this point the agent/client get wind you know what you are talking about and pay up.

I just recall that the invoicing arrangement is Self Billing i.e Agency raises the invoices on my behalf. Can i still do dunning

[northernladuk]

I just recall that the invoicing arrangement is Self Billing i.e Agency raises the invoices on my behalf. Can i still do dunning

Of course. All they are doing is raising the paperwork on your behalf as you say. Nothing else is different. If you have Freeagent you should be raising in invoice in that to match but that's aside.

The commercial arrangement is exactly the same regardless of who is doing the paperwork.

But again. This is something you signed up for so you really should understand what you are signing up for and how it works. More info here.

Temping & contracting: Self-billing Q & A

[WordIsBond]

Thanks, I will wait and watch, give some time to the agency and pester them and chase and then will follow with the dunning. Thanks for your help

This sounds correct. It is now one week since your last day. You should have been paid but I'd keep it friendly with the agency at this point in time.

[psychocandy]

Now I've got a thing about this. I had a gig once where every time they left it until the last day and often I had to take a day off when the gig ended. Pissed me right off.

I kept telling them and telling them but the client were convinced that I had to give a months notice of not accepting the extension. Nuts or what.

I never left in this circumstance but one guy did. They were relying on him for a huge rollout a week later. They fannyed him about, same as everyone, and he warned them about 20 times. Got another gig lined up on the Friday afternoon apparently, packed up his stuff and left. Didn't turn up monday and client went nuts wanted to sue the agency and him...

[LondonManc]

My contract ended last week 25th Jan 2019. The agency had informed me earlier that there would be an extension in place however did not receive any formal extension contract even in the last hours of 25th. I called my agency up and they said that it will come through shortly , however i mentioned i do not wish to pursue any further extension due to personal reasons.

I let my manager know about my decision as well. In the contract which ended on 25th , there was 2 weeks notice clause for both parties. In this situation where i do not wish to pursue any extension was I required to give in a notice?

The agency did not process the extension and hence had no active contract beyond 25th. Few of my colleagues mentioned that there is fear that client/agency may stop my last two weeks payments. I see the time sheets has not been approved yet.

1) Was i required to give in a notice?
2) Are they legally right in stopping the payment for last 2 weeks?

If you have been in work after Jan 26th then that is equivalent to you accepting the extension.