Agency kicking up a fuss over notice period

[sira]

Forget NLUK's lack of bedside manner for a minute and think about what you've written there. You served your notice as two weeks, but you were contractually bound to serve four. What part of that do you see as you not being in breach?

The brolly, agency and client will have far larger business relationships with each other and you'll just be seen as a problem.

Do you know if the end client know what your actual day rate is rather than what they're being charged for you?

It is a breach. I never said it wasnt a breach. I'm sure there are many contractors (permies & companies) up and down the country who breach contracts all the time. The thread was about how best to deal with it.

End client knows the day rate yes. They are well aware of how little they are paying me

[sira]

So ask them what their margin should be and to send you an invoice - that should shut them up.

I dont know enough about the legal side to make a move like that, as it essentially admits liability. I'd put my foot in it, if I did that. I believe their margin is 10%.

[northernladuk]

I dont know enough about the legal side to make a move like that, as it essentially admits liability. I'd put my foot in it, if I did that. I believe their margin is 10%.

Paying them off has nothing to do with the legal side and even less to do with admitting liability. It's just a business deal.

You are 100% liable as you've breached. You admitted it by breaching so not sure why you think not admitting it means anything.

It is a breach. I never said it wasnt a breach. I'm sure there are many contractors (permies & companies) up and down the country who breach contracts all the time. The thread was about how best to deal with it.

I think you will be surprised how few there are. If it was common place then contracts wouldn't mean a thing. You will find that there will be many many instances were an alternative is agreed and everyone leaves happy. Breach is a very harsh term and is the worst case. In most cases it's negotiated rather than having to come back to the actual terms. In your case the negotiation hasn't worked so it's breach of the clause.

[Lance]

I think you will be surprised how few there are. If it was common place then contracts wouldn't mean a thing. You will find that there will be many many instances were an alternative is agreed and everyone leaves happy. Breach is a very harsh term and is the worst case. In most cases it's negotiated rather than having to come back to the actual terms. In your case the negotiation hasn't worked so it's breach of the clause.

I've never breached a contract. I take them seriously as my business and reputation are on the line. As do most other contractors I've worked with.

I've breached employment contracts before, but seeing as slavery is outlawed I refuse to be held to most of them as they have very small teeth.
B2B contracts are very different. You have no protection or freedom outside that is in the contract.

[LondonManc]

It is a breach. I never said it wasnt a breach. I'm sure there are many contractors (permies & companies) up and down the country who breach contracts all the time. The thread was about how best to deal with it.

End client knows the day rate yes. They are well aware of how little they are paying me

So the end client have sympathy with your situation but the agency doesn't? Can you ask client to serve notice and tell agency they want you off site by *insert your desired finish date here*?

[sira]

So the end client have sympathy with your situation but the agency doesn't? Can you ask client to serve notice and tell agency they want you off site by *insert your desired finish date here*?

I did ask, but the manager is very unresponsive. He ignored my last email and didnt return my call. He doesn't give a crap about anything, only spoken to him once in a work meeting. He hasnt even told me what to do in my remaining time or to handover anything etc.

[NotAllThere]

So nobody cares. Jolly good, nothing to worry about then. Just an agency over a few pennies lost commission.

[eek]

And hoping that the OP doesn't low how to recover the money they are planning not to pay him.

Hint an employment tribunal needs to be kicked off within 3 months of you leaving so if they haven't paid after 2 months kick things off with the umbrella as you go will just need a signed time sheet to do that

[GhostofTarbera]

I did ask, but the manager is very unresponsive. He ignored my last email and didnt return my call. He doesn't give a crap about anything, only spoken to him once in a work meeting. He hasnt even told me what to do in my remaining time or to handover anything etc.

He is never signing your last time sheets

[sira]

He is never signing your last time sheets

That would be preferable. If he doesnt sign on Friday, means I dont need to turn up on the Monday. Hes not even checking if im doing any work, but the agency keeps spouting "the client needs you to work"