• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Agency Forgot to Give Me Notice - Do I Exploit Situation?

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #21
    Originally posted by Neo View Post
    OK, everyone's making massive assumptions here and clearly lots of ego being conveyed.

    I need real advice here guys, not arrogance and smarminess. The issue is pressing.

    I have the OPTION as per the conversation I had with the agency earlier of getting PAID for the next 14 days. THEY have SAID that. They are asking for the compromise as a way of easing things for them due to the clerical error made. I will get no benefit from it. They have specifically agreed with me that if I want to be paid for 14 days from today, that WILL happen. There is no two ways about it. My contract is clear. The client cannot ask me to leave immediately and not pay me unless I have broken the contract. If they want to give me 14 days' notice and ask me to leave immediately (and I haven't broken any contract terms) then they WILL pay me. That has been agreed. So whatever anyone on here replying thinks, that is the fact of the matter.

    So, given the fact I can be paid for the next 14 days if I choose to (whether I have to come into work or not), and the clerical error that has been made, and the compromise that has been put forward, what should I do? This is more a moral dilemma than anything else.
    MOO MOO MOO MOO MOO

    Check your contract you may find they dont have to pay you if theres no work even if they have given you notice. They can give you notice to terminate in two weeks and then say dont come in. The contract will stay live for two weeks but you wont get paid.

    But if agency are going to pay you for two weeks go for it!
    Rhyddid i lofnod psychocandy!!!!

    Comment


      #22
      Originally posted by Neo View Post
      QDOS reviewed it. However, I honestly can't check about this MOO clause right now as I don't have the contract to hand. I imagine it probably has it, but I don't think it will apply here based on the conversations I've had. I'm being let go due to cutbacks, not due to lack of work. There is a headcount freeze, but PLENTY of work to do and they are having to recycle perm staff from other teams to replace me and the other contractors leaving, in order to do the work. So I don't think it would stand that I am being let go because of lack of work.

      Anyway, this is academic - if I work the 14 days notice from now, I WILL be in the office AFAIUI. It's just now about when the notice period expires.

      EDIT...
      PS: IF they ask me to leave early, it is more because of security (gardening leave) than due to lack of work. It's an investment bank and usually layoffs are met with gardening leave to protect the bank's intellectual property.
      I think referring to the contract might be quite important here....

      Contract terms not applying? Whys it in there then??????

      Gardening leave as a contractor. Whatever next ? ;-)
      Rhyddid i lofnod psychocandy!!!!

      Comment


        #23
        Deffo first contract.

        If it was me though I'd see what I could get out of the agency without pissing off client TOO much before anyone realises that MOO applies.....
        Rhyddid i lofnod psychocandy!!!!

        Comment


          #24
          Originally posted by cojak View Post
          Then go somewhere else and pay someone WGAS.
          Good moderation there, what;s that about not trolling in pro forums?

          If the facts are as he's stated then his response is fair, all the comments ignored that and gave generic MOO answers.

          Or he could be a troll. If MOO was there surely the agent would have called it, unless they don't know what they're doing.
          Originally posted by MaryPoppins
          I'd still not breastfeed a nazi
          Originally posted by vetran
          Urine is quite nourishing

          Comment


            #25
            Originally posted by Neo View Post
            OK, everyone's making massive assumptions here and clearly lots of ego being conveyed.

            I need real advice here guys, not arrogance and smarminess. The issue is pressing.

            I have the OPTION as per the conversation I had with the agency earlier of getting PAID for the next 14 days. THEY have SAID that. They are asking for the compromise as a way of easing things for them due to the clerical error made. I will get no benefit from it. They have specifically agreed with me that if I want to be paid for 14 days from today, that WILL happen. There is no two ways about it. My contract is clear. The client cannot ask me to leave immediately and not pay me unless I have broken the contract. If they want to give me 14 days' notice and ask me to leave immediately (and I haven't broken any contract terms) then they WILL pay me. That has been agreed. So whatever anyone on here replying thinks, that is the fact of the matter.

            So, given the fact I can be paid for the next 14 days if I choose to (whether I have to come into work or not), and the clerical error that has been made, and the compromise that has been put forward, what should I do? This is more a moral dilemma than anything else.
            its the agency that will be paying you not the client.

            personally i would take the 8th as a more than fair deal for a comms error and get some brownie points with both the client and the agency.

            Its a small world, and if you're any good then you WILL meet these people again.

            Comment


              #26
              Originally posted by malvolio View Post
              Somewhere in your contract you will have read about termination if the client terminates. Your notice period is precisely as long as the client wants you on site and working. You don't get paid for not working.

              Not that hard, is it.

              And, BTW, it's not urgent. It's not even an issue.
              That's not necessarily true. I've been paid to take gardening leave as a contractor as the work finished but they didn't want me on site. It was nice being on full pay and going to Wimbledon tennis every day over summer whilst the 3 weeks notice was "worked out". Read your contract carefully.

              Comment


                #27
                Originally posted by rootsnall View Post
                The people you don't want to pee off are the IB managers you are working for.
                Are you crazy, the 14 days pay is peanuts compared to so much wastage in the workplace these days and the money isn't coming out of the managers personal account. Take the money, you are completely in the right and it won't have any effect on your future earning if you are polite and courteous. This is business after all not having a bbq with your friends.

                Comment


                  #28
                  Originally posted by fraymond View Post
                  That's not necessarily true. I've been paid to take gardening leave as a contractor as the work finished but they didn't want me on site. It was nice being on full pay and going to Wimbledon tennis every day over summer whilst the 3 weeks notice was "worked out". Read your contract carefully.
                  I hope you have all your insurances up to date. Saying that I don't believe you. You have posted some odd stuff so far so I am thinking troll.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #29
                    Originally posted by fraymond View Post
                    That's not necessarily true. I've been paid to take gardening leave as a contractor as the work finished but they didn't want me on site. It was nice being on full pay and going to Wimbledon tennis every day over summer whilst the 3 weeks notice was "worked out". Read your contract carefully.
                    Can I come and live in your world, it sounds nice.

                    Otherwise, WNLUKS...
                    Blog? What blog...?

                    Comment


                      #30
                      Good to see all the usual arrogant t***s on here spouting like they know everything jockeying at their keyboards and belittling everyone in their path with their cocksure opinions.

                      No, this is not my first contract (wrong MyUserName) and I knew someone would bite when I mentioned "gardening leave" and get all spacky about it. Quick life lesson: Just because YOU haven't experienced it, doesn't mean it DON'T exist!

                      Gardening leave for contractors does exist. fraymond has had it before, and in my last contract, a contractor that started the same week I did was let go after less than a month because he was crap, and he got his full week's notice paid without having to come in. That's sounds like gardening leave to me. And guess what, MyUserName - yes, I do work for that IB and yes I have been laid off. Oh, you you you mean I actually don't? I work for my limited company which works for the agency which works for the IB? And my company's services have been terminated? Give me a break. As far as everyone in the real world is concerned, I work for the IB and I've been sacked. I just happen to be a contractor, not PAYE. End of. Go on, convince me of the technicalities of contracting and the middle men involved and the semantics, like I don't know. Or, stop spouting pointless goop.

                      Bottom line is, everyone in here thinks they're right. Yet, there's lots of conflicting opinions, which means not everyone can be right. I hear those saying I've got no chance and will be a victim of MOO very quickly and will get nothing. I hear those saying go for the compromise and gain brownie points with the agency/client. I hear those saying it's just business and I should screw them for the full 14 days as I'm entitled. What I don't hear is anything based on solid knowledge or experience - only conjecture and opinion.

                      In any case, I think I'm going to go for the compromise - I've got an offer on the table and at least one or two more in the next couple of days. So, it makes sense to go for the compromise if I can start my next gig early.

                      Comment

                      Working...
                      X