Hired then fired

[buddy6990]

I recently was offered a Programme Manager role with a well known public sector client for 12 weeks at a fixed day rate. I am contracting via an umbrella company and the role is via an approved agency who are on a specific government framework for supplying interim's / consultants to the client.

I was interviewed and offered the role verbally by the director. I started with the client then on the second day I was told by the client that they had changed there mind and asked to leave with no reason.

The public sector client are washing there hands of this saying they had never signed the contract with the agency and the agency are saying that the clause where the client terminates immediately means that the agency has no responsibility or have to pay any notice.

I left a previous role for this one and have not been paid for the two days worked nor any of the notice periods in the contract. I am looking at legal action. Do I go after the agency, the client, my umbrella or all of them??? No job and no pay at all...........

[northernladuk]

It wasn't because you were incapable of following some basic instructions was it?

Posting it in the right section might get you an answer...

Bottom line however is this kind of thing happens. You can attempt to go legal on them but you have to shell out for a solicitor etc to get at best the notice perdiod back. At worse you lose and get nothing plus pay legal fees.

Put it down to experience and move on.

[cojak]

That's the way the cookie crumbles.

If you'd looked at the right forum you'd have seen a load of new ex-permie contractors whinging about the same thing.

[wim121]

Happened to all of us ..... As others said, just move on ... It's only two days work and it will cost you more than you get back, even in time before legal action let alone cost to get anything back ....

Better luck with your next role ...

[TheFaQQer]

That's the way the cookie crumbles.

If you'd looked at the right forum you'd have seen a load of new ex-permie contractors whinging about the same thing.

This one is slightly different, though - (s)he did work and should be paid for it.

Tell the agency that you did not opt out of the agency regulations (because you almost certainly did not opt out, in writing, before being introduced to the client). By starting work, that implies that a contract has been formed between the umbrella and the agency. Since you are inside the agency regulations, if they get no money from the client, it makes no difference.

When they don't pay you (and they won't), then follow the advice on payontime.co.uk and issue a formal demand with penalties for late payment. When that doesn't work, file a claim through the small claims court.

[Craic]

The first thing to do, though, is invoice for whatever the terms of the contract are, i.e. the two days plus notice.

When the statutory period for paying in the contract is up then the agency are in default and you can take action then.

Often a solicitor's letter costing less than a hundred quid will work.

As you turned up for work and you weren't sent away this is a de facto acceptance of the contract with both the client and agency.

[d000hg]

Notice is not worth chasing. The time worked IS... follow the guidance already given.

[Wanderer]

This one is slightly different, though - (s)he did work and should be paid for it.

I agree.

Normally, I would consider letting the notice period go but if they are refusing to pay at all, including for work done, then I'd come out with guns blazing and take them for the whole amount. In any case, one could settle for time worked if it came down to it. If you don't ask, you don't get.

As for the agency conduct regulations, it is impossible to opt out unless you are a LTD company and the OP was working through an umbrella. Thus, the agency still have to pay even if they don't have a timesheet signed.

I don't know what the procedure for chasing a debt if you worked through an umbrella though. I mean, who is your contract with? The brolly or the Agency?

[TestMangler]

My advice would be to ignore most of the advice you get on here

Decide how much you are willing to spend in pursuit of the money owed.

If you are willing to risk the cost of a small claims action (assuming days worked plus notice period is less than the small claims limit), then:

1. Invoice agent for days worked plus notice period.

2. Wait until they breach the payment terms.

3. Send a letter before action. (Google It)

4. Raise Small Claims action.

They might cave in, they might negotiate, they may tell you do do one.

Either way, your maximum loss is the cost of the action. (Can't remember how much it costs in England).

Don't let anyone tell you that a 'real business' rolls over and accepts it, because they don't.

If you have to get into lawyers etc, then forget it, but IMO it's worth the price of a small claims action.

[SueEllen]

My advice would be to ignore most of the advice you get on here

Decide how much you are willing to spend in pursuit of the money owed.

If you are willing to risk the cost of a small claims action (assuming days worked plus notice period is less than the small claims limit), then:

1. Invoice agent for days worked plus notice period.

2. Wait until they breach the payment terms.

3. Send a letter before action. (Google It)

4. Raise Small Claims action.

They might cave in, they might negotiate, they may tell you do do one.

Either way, your maximum loss is the cost of the action. (Can't remember how much it costs in England).

Don't let anyone tell you that a 'real business' rolls over and accepts it, because they don't.

If you have to get into lawyers etc, then forget it, but IMO it's worth the price of a small claims action.

The case would easily get thrown out of court on a technicality.

The technicality is that buddy6990's contract is with her/his umbrella company.

So in effect the arrangement is client -> agency -> umbrella company --> buddy6990

Unless the umbrella company gives buddy6990 written permission to chase the agency for money owned then the only organisation buddy6990 can chase is the umbrella company.

I'm sure that permission isn't hard to get if asked for in writing via email.