I have a date with the umbrella company at an employment tribunal in July. My dispute with them is that they changed the wording of my original contract to avoid paying me 3 weeks' notice.
I took a contract with a company through the Agency and decided to go with the umbrella company rather than my own limted company. So the first thing to establish is that my contract was with the umbrella company. This contract stated that I would receive 4 weeks' notice.
Three weeks before my contract was due to end, the Agency terminated the contract early because the company I was working for were not paying the invoices to the Agency.
My claim is that the contract I had signed with the umbrella company clearly stated that I would be given 4 weeks’ notice unless Company A, the Client I was working for, terminated the Assignment for whatever reason. This did not occur as it was the Agency not Company A who terminated the contract early. The Assignment Schedule I electronically accepted for this contract through the umbrella company website clearly stated this.
The following statements, extracted from the Assignment Schedule that I signed clearly stated this:
Client: Company A
Customer: the Agency
The notice period stated that I would be given 4 weeks by the umbrella company unless:
I spoke to the umbrella company stating that I should be given 4 weeks' notice, but they pointed me to the above statement, section d):
I responded by stating that the Client is stated as Company A who did not give me immediate notice, it was the Agent. The umbrella company representative then said he would look into it. 2 days later I received a phone call from the umbrella company asking me to look at the contract again. To my shock it had been changed. It now stated:
Client: the Agency
Customer: Company A
This wording has been deliberately changed to avoid paying my notice pay.
I had previously saved the original contract by doing a Save As from the umbrella company website, so I have both copies. However, the umbrella company are denying they changed the contract and are disputing it. The say they have the application logs to prove they hadn't changed anything. However, I was once a techie and know there are other ways to change data such as direct to the database.
To me, it is outrageous that the umbrella company treat contractors this way and actually change contractual details to get out of paying a few grand. As you can imagine I am infuriated with this situation and regret ever using an umbrella. Needless to say I am now operate as a limited company.
I would very much appreciate it if anyone out there has had a similar experience, especially with the umbrella company, or can assist me in winning my case at the Employment Tribunal.
I took a contract with a company through the Agency and decided to go with the umbrella company rather than my own limted company. So the first thing to establish is that my contract was with the umbrella company. This contract stated that I would receive 4 weeks' notice.
Three weeks before my contract was due to end, the Agency terminated the contract early because the company I was working for were not paying the invoices to the Agency.
My claim is that the contract I had signed with the umbrella company clearly stated that I would be given 4 weeks’ notice unless Company A, the Client I was working for, terminated the Assignment for whatever reason. This did not occur as it was the Agency not Company A who terminated the contract early. The Assignment Schedule I electronically accepted for this contract through the umbrella company website clearly stated this.
The following statements, extracted from the Assignment Schedule that I signed clearly stated this:
Client: Company A
Customer: the Agency
The notice period stated that I would be given 4 weeks by the umbrella company unless:
* Please note that, notwithstanding the Company Assignment Notice Period, the Company reserves the right to terminate an Assignment with immediate effect if (a) you are in breach of any provision of your contract of employment with the Company or the terms of the Assignment, (b) are guilty of misconduct or neglect of duty; (c) the Client does not confirm, or cancels the Assignment prior to start of the Assignment; (d) the Client terminates the Assignment for whatever reason and whether or not any formal written notice of termination is given; or (e) in the reasonable opinion of the Company you have not successfully completed the probationary period applicable to any Assignment. Termination of an Assignment will not affect the continuity of your employment with the Company.
I spoke to the umbrella company stating that I should be given 4 weeks' notice, but they pointed me to the above statement, section d):
d) the Client terminates the Assignment for whatever reason and whether or not any formal written notice of termination is given
I responded by stating that the Client is stated as Company A who did not give me immediate notice, it was the Agent. The umbrella company representative then said he would look into it. 2 days later I received a phone call from the umbrella company asking me to look at the contract again. To my shock it had been changed. It now stated:
Client: the Agency
Customer: Company A
This wording has been deliberately changed to avoid paying my notice pay.
I had previously saved the original contract by doing a Save As from the umbrella company website, so I have both copies. However, the umbrella company are denying they changed the contract and are disputing it. The say they have the application logs to prove they hadn't changed anything. However, I was once a techie and know there are other ways to change data such as direct to the database.
To me, it is outrageous that the umbrella company treat contractors this way and actually change contractual details to get out of paying a few grand. As you can imagine I am infuriated with this situation and regret ever using an umbrella. Needless to say I am now operate as a limited company.
I would very much appreciate it if anyone out there has had a similar experience, especially with the umbrella company, or can assist me in winning my case at the Employment Tribunal.
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