Agency kicking up a fuss over notice period

[sira]

Nope. Not all all. Right, now consider this: There is a general principle that you can't force anyone to work. Employment law can't really enforce notice periods either - if as a permie you walk out, the employer can either

1. Continue to pay them for the notice period. If they take up another role during this time, the employer can sack them for gross misconduct, or continue paying.
or
2. Not pay them for the notice period. In which case the ex-employee is free and clear.

As a brolly employee things are more complex, but I can't see the agency getting any traction on suing you for breach. In any case, it's not worth their while; going to court is uncertain and expensive. If the new role pays 3x as much, then you'll make back any payments the agency doesn't make quite quickly. In the meantime you can pursue the debt through normal means.

It all depends on your risk appetite. Personally, I think the risk is low. And given that where you are is a toxic environment, calling in sick doesn't seem unreasonable.

TL;DR I'd go the new gig, take the flack, ignore hissy fits and chase the payment.

Other point: Normally when working through an agency, you're supposed to ask the agent for time off. In practice though, it's usually done through the hiring manager.

Thanks for your very helpful post. I only have two options: work only the 2 weeks and then not show up for work OR work 2 weeks and pull a sickie for the remaining 2 weeks. The issue with the latter is the umbrella company.

How can I give my umbrella company a 2 week sick notice and have them start me on a new assignment at the exact same time? The only way around it that I can see, is to change to a different umbrella company?

[LondonManc]

Thanks for your very helpful post. I only have two options: work only the 2 weeks and then not show up for work OR work 2 weeks and pull a sickie for the remaining 2 weeks. The issue with the latter is the umbrella company.

How can I give my umbrella company a 2 week sick notice and have them start me on a new assignment at the exact same time? The only way around it that I can see, is to change to a different umbrella company?

Change brolly companies for your new gig - it's nowhere near as complicated as switching limited companies in terms of tax implications, etc. - check on the preferred list of brollies at the new place and if your current one isn't on it, happy days, there's your out.

[sira]

Change brolly companies for your new gig - it's nowhere near as complicated as switching limited companies in terms of tax implications, etc. - check on the preferred list of brollies at the new place and if your current one isn't on it, happy days, there's your out.

Yeah was looking this morning. Currently with Paystream who I've been very happy with. The other options look really naff, have bad/mediocre reviews or have lower take home pay. I'm not sure why some brollies have lower take home pay e.g. £100-150pm lower, even though the margins for all of them are similar £85-95pm?

Also to make things more annoying, they do their calculations based on 52 weeks. When I asked paystream for a calculation based on 48 weeks, they wouldn't provide an illustration.

[northernladuk]

Thanks for your very helpful post. I only have two options: work only the 2 weeks and then not show up for work OR work 2 weeks and pull a sickie for the remaining 2 weeks. The issue with the latter is the umbrella company.

How can I give my umbrella company a 2 week sick notice and have them start me on a new assignment at the exact same time? The only way around it that I can see, is to change to a different umbrella company?

I really don't see why you think pretending to be sick is any different that not turning up. What difference do you think it's going to make? You are purposely breaching so just do it and get on with it. Don't piss about with being 'sick'. Everyone knows exactly what you are doing. This isn't school anymore.

[northernladuk]

First two paragraphs kinda contradict. Is there legislation that says employers can deny an employee time off? Also important to add context here. I had already made a holiday request which they denied. Not allowing an employee a single day off in 4 months, has to have some standing in court.

You brolly is your employer, not your client. I do think, and I am sure I've said this to you before, you are not fully understanding what you are and your relation to everyone in the chain. It's super important you do as it makes situations like this much much easier to understand.

And if contractors don't take annual leave then, surely I can take time off whenever I want, without any notice?

I refer to the comment above. If you understand what you are and who everyone is you'd know exactly what I mean.

If they dont sign-off my timesheet on Friday, then I wont turn up for work on the Monday and give it to a small claims court?

Probably won't need court. It's blatent breach. You only need court when you don't agree. Not much to argue about breach of contract.

[SussexSeagull]

If you can't negotiate an early exit or delay the new contract then work two weeks notice then make yourself unavailable for the last two weeks.

[northernladuk]

If you can't negotiate an early exit or delay the new contract then work two weeks notice then make yourself unavailable for the last two weeks.

But that's the whole point of this thread. He wants to do that but is asking what the fall out will be. That said at least you said unavailable and not pulling a sickie

[eek]

The issue here is that the agency will probably keep as much money as possible and the umbrella firm will not exactly be rushing to hassle what to them is the more important long term relationship (i.e. the agency) for payment.

I would be ensuring you have all your timesheets signed and then getting prepared for an employment tribunal to recover the money owed from the umbrella (that would provide the umbrella with suitable incentive to chase up the agency for payment).

[Fraidycat]

The issue here is that the agency will probably keep as much money as possible and the umbrella firm will not exactly be rushing to hassle what to them is the more important long term relationship (i.e. the agency) for payment.

I doubt it.

My guess the agency is just trying to keep him on client site to get a head start on finding his replacement.

The longer he stays the more time they get before the client panics and starts to contact other agents.

[sira]

The issue here is that the agency will probably keep as much money as possible and the umbrella firm will not exactly be rushing to hassle what to them is the more important long term relationship (i.e. the agency) for payment.

I would be ensuring you have all your timesheets signed and then getting prepared for an employment tribunal to recover the money owed from the umbrella (that would provide the umbrella with suitable incentive to chase up the agency for payment).

The pay is so derisory, that it's not even worth chasing up. 1 weeks pay is like 1.5 days work in the new gig. If I was on a big daily rate, I wouldn't leave a contract early.

I also have an email in writing from the line manager stating they they have someone joining the team soon and theres also another analyst who can help pick up my tasks. Which helps me, because it shows that they wont be suffering much "damage/loss".