Notice period problem

**malvolio** · 5 February 2011, 09:23

Originally posted by eeynmre View Post

Hi Chaps,

new to these forums so be gentle with me.

I'll cut straight to the chase, I'm an opted out contractor, who got laid off today. My contract with the agent states 4 weeks' notice, however his contract with the client states 1 weeks' notice. So the client quite courteously signed this week's timesheet and next weeks and then tossed me out the building.

Question is how easy/difficult will it be to get the agent to cough up for the other three weeks of notice pay. I've had a quick look online and there seems to be some confusion as to if I can claim without timesheets, if I will get paid without working those three weeks, or a host of other conflicting opinions.

Anyone out there been through this before and have any authoritative answers?

Thanks in advance for any opinions offered

Regards

Harsh answer? You're a contractor. There's no work for you to do. Why should you be paid for doing nothing? You want notice periods, get a permie job. You want the benefits of being a contractor, learn to take the occasional hit. And you did get a week for free.

Practical answer? Yes you can try, but the client won't sign the timesheet and without that the agency has no obligation to pay you. You can try suing, but that will cost a lot more than two week's income and you still won't win. Plus you'll tee off the client who may want you back at some point it you don't make a fuss now. And the client will have a clause that they can terminate immediately without notice under a whole range of pretexts.

Life's too short. Get on with it.

**nomadd** · 5 February 2011, 10:09

Originally posted by eeynmre View Post

Hi Chaps,

new to these forums so be gentle with me.

I'll cut straight to the chase, I'm an opted out contractor, who got laid off today. My contract with the agent states 4 weeks' notice, however his contract with the client states 1 weeks' notice. So the client quite courteously signed this week's timesheet and next weeks and then tossed me out the building.

Question is how easy/difficult will it be to get the agent to cough up for the other three weeks of notice pay. I've had a quick look online and there seems to be some confusion as to if I can claim without timesheets, if I will get paid without working those three weeks, or a host of other conflicting opinions.

Anyone out there been through this before and have any authoritative answers?

Thanks in advance for any opinions offered

Regards

Check your contract. There is likely to be a clause in it which allows the agent to terminate if the client terminates on them. So, as another poster has pointed out, there is likely nothing you can do about it. I guess you could always take legal advice, but in all honesty, your time is better spent looking for another gig.

I had the exact same thing happen to me in 2000/1, in the dot-com collapse. Client signed the current week's, and the following week's, timesheet, and then let me go immediately so I had paid time in which to find another role. Found one within 5 days (and it ran on for the next 2.5 years.) So I guess the moral here is to focus on the future, not dwell on the past.

**Wanderer** · 5 February 2011, 10:58

Blah, why did the agency agree 4 weeks notice when they had less than that in their contract with the client? Are the client/agency lying about their notice period? It's a nasty situation and yes, technically the agency owes you for the full 4 weeks notice and you could take them to court to try and recover the money. If you hadn't opted out then you would have a stronger case to bring against them, maybe there is a lesson to learn there. There is a lot you could do to chase the money but it will cause a lot of angst and probably upset the client too (because the agency are going to get them involved and insist that they pay) thus destroying your chances of doing business with them again and destroying a little bit of you at the same time.

But cutting to the chase as you say, I'd suggest you take a deep breath and follow nomadd's example:

Originally posted by nomadd View Post

Client signed the current week's, and the following week's, timesheet, and then let me go immediately so I had paid time in which to find another role. Found one within 5 days (and it ran on for the next 2.5 years.) So I guess the moral here is to focus on the future, not dwell on the past.

Deep breath, chin up and bounce back with something even better. That's what being a business person is about.

Good luck!

**strawberrysmoothie** · 10 February 2011, 14:12

I agree with what everyone else has said.

It's a bad case of this 'coming with the territory'. Don't waste your time on this situation, it would be better spent on looking for a new gig.

**pmeswani** · 10 February 2011, 14:34

Originally posted by eeynmre View Post

Hi Chaps,

new to these forums so be gentle with me.

I'll cut straight to the chase, I'm an opted out contractor, who got laid off today. My contract with the agent states 4 weeks' notice, however his contract with the client states 1 weeks' notice. So the client quite courteously signed this week's timesheet and next weeks and then tossed me out the building.

Question is how easy/difficult will it be to get the agent to cough up for the other three weeks of notice pay. I've had a quick look online and there seems to be some confusion as to if I can claim without timesheets, if I will get paid without working those three weeks, or a host of other conflicting opinions.

Anyone out there been through this before and have any authoritative answers?

Thanks in advance for any opinions offered

Regards

What does your contract say about MOO? Also, what does your contract say about what the client / agency can do if there is no work available? Forget 1 Week or even 4 Weeks notice periods. If there is no work, the client may not be obligated to pay you or the agent any monies. If your contract doesn't mention anything about the client not obliged to offer any work to you, you may fall fould of IR35. (If you are using an Umbrella, then it may not apply to you).

Notice period problem