Agency kicking up a fuss over notice period

[northernladuk]

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".

So you know the answer now so just tell them what you are doing and do it. Just show some professionalism and don't piss about with sickies. Tell them how it is, suffer the agents annoyance and get on with it.

[sira]

So you know the answer now so just tell them what you are doing and do it. Just show some professionalism and don't piss about with sickies. Tell them how it is, suffer the agents annoyance and get on with it.

I asked my new agency and they told me to clarify it with the line manager, not the agency. I emailed my line manager again to request the holiday time off. If he says No, then I'll just say I'm leaving in 2 weeks and taking some holiday and call it a day. If they want to chase me for a couple weeks of derisory pay, then fair enough that's just the cost of doing business in the covid era.

[northernladuk]

I asked my new agency and they told me to clarify it with the line manager, not the agency. I emailed my line manager again to request the holiday time off. If he says No, then I'll just say I'm leaving in 2 weeks and taking some holiday and call it a day. If they want to chase me for a couple weeks of derisory pay, then fair enough that's just the cost of doing business in the covid era.

Again, just why bother. Tell them the score. You need to leave in two weeks and that's it. They won't want anyone around who doesn't want to be there and the reason for not being there is utterly irrelevant. Everyone knows what is going on. I'm sure your journey through all this would be a bit better if you treated people with some respect and laid it out for them. Dicking about with 'holiday' when you won't be back is just a little bit ridiculous.

I am assuming with all this 'line manager' and 'holiday' stuff you are employed by the agency and are on site as one of their employees? As a contractor he is still your client, not your line manager even if you are inside. Your tax situation makes no difference to your relationships. That said, even if you are employed by your agency he's still your client. Pendantic but this thread shows how treating each party as what they are is important.

I'm not so sure I agree with what your new agent is saying though. Your contract is with your old agent and it's them you are breaching it with. Not sure what the client has to do with it. But again, you've not been clear with your exact sitaution so difficult to say.

then fair enough that's just the cost of doing business in the covid era.

And that is what you are doing. Business. So forget holiday and sickness. That's being an employee. You said it so go and do business.

[sira]

My line manager didnt respond to my email. So I emailed the agency to reiterate my final day and I also explained that the line manager said they have 2 extra resources to pick up my work. The agency came back again for the third time and said the same thing "No your last date is X date" and nothing else.

Not sure what the agency is trying to achieve by stating the same thing over and over again? Are they stupid enough to think that I'm simply going to change the dates because they keep emailing me saying "No" My only guess is that their just covering their own backside, so they can say to the client "look we told him 3 times". In the time they've spent harassing me, they probably could have found a new candidate by now.

At this point, I presume I just notify my existing umbrella that I'm starting a new assignment on X date?

[DevUK]

My line manager didnt respond to my email. So I emailed the agency to reiterate my final day and I also explained that the line manager said they have 2 extra resources to pick up my work. The agency came back again for the third time and said the same thing "No your last date is X date" and nothing else.

Not sure what the agency is trying to achieve by stating the same thing over and over again? Are they stupid enough to think that I'm simply going to change the dates because they keep emailing me saying "No" My only guess is that their just covering their own backside, so they can say to the client "look we told him 3 times". In the time they've spent harassing me, they probably could have found a new candidate by now.

At this point, I presume I just notify my existing umbrella that I'm starting a new assignment on X date?

I, plus 10 other contractors, all started 6 month contracts at a place that terminated every contract after 6 weeks. There didn't seem to be any contractual/legal implications of them doing that. Why are there contractual obligations here on your part? Is this contract-specific that you cannot finish early? Genuine question, I don't know the answer. i.e. can't you just terminate the contract?

[northernladuk]

I, plus 10 other contractors, all started 6 month contracts at a place that terminated every contract after 6 weeks. There didn't seem to be any contractual/legal implications of them doing that. Why are there contractual obligations here on your part? Is this contract-specific that you cannot finish early? Genuine question, I don't know the answer. i.e. can't you just terminate the contract?

First line in the first post.

I'm in an Inside IR35 gig, with 4 weeks notice (but client only has to give me 2 weeks notice).

[northernladuk]

My line manager didnt respond to my email. So I emailed the agency to reiterate my final day and I also explained that the line manager said they have 2 extra resources to pick up my work. The agency came back again for the third time and said the same thing "No your last date is X date" and nothing else.

Not sure what the agency is trying to achieve by stating the same thing over and over again? Are they stupid enough to think that I'm simply going to change the dates because they keep emailing me saying "No" My only guess is that their just covering their own backside, so they can say to the client "look we told him 3 times". In the time they've spent harassing me, they probably could have found a new candidate by now.

At this point, I presume I just notify my existing umbrella that I'm starting a new assignment on X date?

You are breaching contract. What do you expect them to do? If they say anything else they jeopardise their legal position for when you finally breach and wouldn't be able to take it further if they wanted it to. They are just playing to the contracting waiting until you breach. Nothing to do with covering their own backside to the client. It's what is in the contract and they expect you to honour it. If they say OK fine then they can't take action against you for breach. It's just how the game works.

There is only one party in this chain that is acting unprofessionally. I really don't think you are in a position to be calling anyone else stupid looking at this debacle.

[sira]

You are breaching contract. What do you expect them to do? If they say anything else they jeopardise their legal position for when you finally breach and wouldn't be able to take it further if they wanted it to. They are just playing to the contracting waiting until you breach. Nothing to do with covering their own backside to the client. It's what is in the contract and they expect you to honour it. If they say OK fine then they can't take action against you for breach. It's just how the game works.

There is only one party in this chain that is acting unprofessionally. I really don't think you are in a position to be calling anyone else stupid looking at this debacle.

Are you a recruiter in disguise? You'd do a good job.

Anyways, spoke to my brolly who said they side with the agencies. They said if I leave early they can withhold my wages, although there is zero wording in any of the legal contracts to state this. Brolly are going to confirm if they have a claw back arrangement with my agency. If that is the case, may as well stop working as of immediate effect. I guess this is an easier method for agencies to claw back money rather than taking people to court.

[northernladuk]

Are you a recruiter in disguise? You'd do a good job.

Why does the fact I have half a clue what is going on and know how to be a contractor make me a recruiter in disguise? You ought to learn what you are a bit more and you'd be surprised how much clearer things are.

Anyways, spoke to my brolly who said they side with the agencies. They said if I leave early they can withhold my wages, although there is zero wording in any of the legal contracts to state this. Brolly are going to confirm if they have a claw back arrangement with my agency. If that is the case, may as well stop working as of immediate effect. I guess this is an easier method for agencies to claw back money rather than taking people to court.

On pedantic point the umbrella is wrong. The agencies can't withhold your money legally... and on a double pedantic point they aren't your wages. It's the payment to the brolly. Your wages are what the brolly pays you.. I've said it time and time again. You really do look a bit daft if you can't work this stuff out. If you understood these differences you wouldn't be in half the mess you are now. You talk about professionalism, then start showing that you know what you are doing and using the right terminology.

But back to the point.... the agency should pay you what you worked as per the contract and then they should sue you for the losses. They are in breach of contract by keeping the money... but then this is all happening becuase you are in breach of contract so you can't really call them names for it can you? The reality is possession is 9/10ths the law so they just don't pay. It's not right but it's what happens. The brolly should have said they shouldn't keep your money but they do.

[sira]

Why does the fact I have half a clue what is going on and know how to be a contractor make me a recruiter in disguise? You ought to learn what you are a bit more and you'd be surprised how much clearer things are.


On pedantic point the umbrella is wrong. The agencies can't withhold your money legally... and on a double pedantic point they aren't your wages. It's the payment to the brolly. Your wages are what the brolly pays you.. I've said it time and time again. You really do look a bit daft if you can't work this stuff out. If you understood these differences you wouldn't be in half the mess you are now. You talk about professionalism, then start showing that you know what you are doing and using the right terminology.

But back to the point.... the agency should pay you what you worked as per the contract and then they should sue you for the losses. They are in breach of contract by keeping the money... but then this is all happening becuase you are in breach of contract so you can't really call them names for it can you? The reality is possession is 9/10ths the law so they just don't pay. It's not right but it's what happens. The brolly should have said they shouldn't keep your money but they do.

I came here for help, not to be ridiculed. I'm sorry master, if I'm not as experienced or knowledgeable as you on these topics. Several people have complained about your demeaning attitude before, no idea how you're still permitted to use these forums. It's not unusual for younger or less experienced contractors to make mistakes. You live and learn. If someones going through a tough spot, the last thing they need is an internet troll feed their stress. If I make any more posts on this forum website, I kindly ask that you don't make any comments. If you do, you'll only be talking to yourself.