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Agency and 3 month contract

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    Agency and 3 month contract

    I wonder if anyone can help.

    I was given a 3 month fixed contract with the hours of 7:30 – 16:30.

    I was asked to start early, ( a week early) and was also asked if I could do 07:00 – 18:00 for an initial period. I asked what this initial period was and was told 2-3 weeks. This was with the hiring agency.

    I wanted to get started so accepted the initial hours on the basis it was for 2-3 weeks.

    2 months into the 3 month contract, I called the agency as I was still doing the “initial hours” of 07:00 – 18:00. They couldn’t believe it and said they would speak to their client.

    The following day I was called in and the client said “I hear you are complaining about the hours”. No I said, this contract was given to me on 07:30-16:30, I agreed to do 07:00-18:00 for an initial period. The client then said well the hours are 07:00-18:00, as you don’t like it, I suggest we call it a day. Marched me to get my personal belongings and excorted me from the building.

    I called the agency and they were gobsmacked, could not believe it.

    Now I have been paid no notice, the agency have now wiped their hands, they admit there have been errors by themselves, namely they did not send me the contract, despite me asking for it 2 days before I started, and kept pestering them for it. “That person is away this week” “ We are getting it sent this week” etc.

    Now they will not send me anything. I took the contract (07:30-16:30) as it fitted in with my children, and seeing them etc. This has all come about as I was simply asking to do the hours I was given from the outset, which the agency do not dispute, and have it in writing, on an email. But they just say there is nothing they can do.

    All they sent me was a starter pack, with a time sheet in, what I have to do if I am sick and what to do regarding holidays. They were paying me on top of my hourly rate for holiday, they have denied this, I have the email giving a breakdown of my hourly rate and then holiday on top.

    I am furious with this agency and the way I have been treated over this.

    Is there anything I can do. I have been told there is and I am entitled to a weeks notice, others say the contract has been breached and am entitled for the full payment of the remainder on the contract.

    Sorry its long...

    Thanks

    Bob

    #2
    Originally posted by bobsp View Post
    Is there anything I can do. I have been told there is and I am entitled to a weeks notice, others say the contract has been breached and am entitled for the full payment of the remainder on the contract.

    Bob
    No way are you entitled to the full payment of the contract so forget that one straight away. You should be entitled to your week but it is likely you have very little hope of getting that I am afraid.

    Sounds you got well shafted which isn't nice at all but with a client AND an agent like that I think you got out of that one nice and early. It wasn't going to be pleasant whatever you did there I think.

    I know it certainly doesn't sound it right now but you could be best out of that one. Focus energy on getting a new role but keep on at the agency for payment. There are plenty of threads with people not getting notice so have a search and see if there are some ideas for you to try.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by bobsp View Post
      I am furious with this agency and the way I have been treated over this.
      I'm not surprised. It sounds like you were well shafted. Without any written contract, you can't have any notice period.

      Moral of the story is "Don't start work without a contract".
      Free advice and opinions - refunds are available if you are not 100% satisfied.

      Comment


        #4
        Hmm, ok guys thanks. Yes I was shafted on that one. They claim the reason I had to start before I got the contract is because their client needed ne a week early, and that they were getting the contract out to me. I have also been told in the past by someone at the agency they do have the contract on file. Just they won't now send it to me anymore, I guess because their client won't pay them for the notice now...

        I will keep on at them for the notice.

        I have a new contract now, and had it in my hand a week before starting. Yes, a much better agency. I had to amend that though as this was given as a 6 month contract, but on the actual contract it stated "6 months Ongoing" 6 months is 6 months. Then it gets renewed or ends, surely... They have not come back to me on it though....

        Anyway thanks again guys...

        Bob

        Comment


          #5
          Ok I am not going to call them anymore on this matter, I will send a letter giving them 14 days notice. We will see. They admit they have failed on the basics on a number of things but refuse to pay the weeks notice. I have seen an old colleagues contract (they do do them!!) and it has a weeks notice, ok contracts can be different but it looks a very standatd one. I did speak to them for the last time today and they understand where I am coming from but they cant pay the notice as their client wont....

          Now better get to this letter, I am not the best at these...

          Bob

          Comment


            #6
            Well finally got there, and they have paid me for the weeks notice. Sent a letter in October, and they responded on the last day, more phone calls etc, and today they have issued the payment for the full weeks notice. (They still would not give me a copy of the contract though) I got Employment Agency Standatds involved who are investigating them now......

            I have learned my lesson, and I hope they have.

            Comment


              #7
              Thanks for reporting back.
              Down with racism. Long live miscegenation!

              Comment


                #8
                I'm not a very experienced contractor/permie but I would never ever start working for someone without accepting the terms and signing a contract first. I think it's pretty much common sense.

                Comment


                  #9
                  Never discuss your contract or terms with end Client

                  You were right

                  Never discuss your contract conditions or terms with end Client
                  Your contract is between you/umbrella/LTD and the agent and has nothing to do with the clientco

                  The client was simply looking for a reason to end the contract
                  Last edited by Brussels Slumdog; 24 November 2010, 17:57.

                  Comment


                    #10
                    Originally posted by bobsp View Post
                    I wonder if anyone can help.

                    I was given a 3 month fixed contract with the hours of 7:30 – 16:30.

                    I was asked to start early, ( a week early) and was also asked if I could do 07:00 – 18:00 for an initial period. I asked what this initial period was and was told 2-3 weeks. This was with the hiring agency.

                    I wanted to get started so accepted the initial hours on the basis it was for 2-3 weeks.

                    2 months into the 3 month contract, I called the agency as I was still doing the “initial hours” of 07:00 – 18:00. They couldn’t believe it and said they would speak to their client.

                    The following day I was called in and the client said “I hear you are complaining about the hours”. No I said, this contract was given to me on 07:30-16:30, I agreed to do 07:00-18:00 for an initial period. The client then said well the hours are 07:00-18:00, as you don’t like it, I suggest we call it a day. Marched me to get my personal belongings and excorted me from the building.

                    I called the agency and they were gobsmacked, could not believe it.

                    Now I have been paid no notice, the agency have now wiped their hands, they admit there have been errors by themselves, namely they did not send me the contract, despite me asking for it 2 days before I started, and kept pestering them for it. “That person is away this week” “ We are getting it sent this week” etc.

                    Now they will not send me anything. I took the contract (07:30-16:30) as it fitted in with my children, and seeing them etc. This has all come about as I was simply asking to do the hours I was given from the outset, which the agency do not dispute, and have it in writing, on an email. But they just say there is nothing they can do.

                    All they sent me was a starter pack, with a time sheet in, what I have to do if I am sick and what to do regarding holidays. They were paying me on top of my hourly rate for holiday, they have denied this, I have the email giving a breakdown of my hourly rate and then holiday on top.

                    I am furious with this agency and the way I have been treated over this.

                    Is there anything I can do. I have been told there is and I am entitled to a weeks notice, others say the contract has been breached and am entitled for the full payment of the remainder on the contract.

                    Sorry its long...

                    Thanks

                    Bob
                    LOL. You couldnt make it up, could you?

                    Funniest read I've had on here for a while
                    I couldn't give two fornicators! Yes, really!

                    Comment

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