Severance pay!

[TheMonkey]

Ok here goes. Earlier this year, I did a short 3 monther with someone and finished all the work after about 6 weeks. The contract stipulated one week's notice from the agency only. The client said that they no longer need me and not to bother coming in (in a nice way with lots of thanks etc - not on bad terms) so I agreed as I can hardly turn up on a client's site and I could be doing more constructive work elsewhere. I think the agency oversold the job to the client and forced them to accept a 3 month contract to be honest.

Now, the agency contact is ignoring me completely and avoiding my calls and emails as they did not and have not given notice according to the contract to this date. My options are as follows:

1. Ignore the whole thing - not a good option.

2. Press for the entire contract fee (remaining 6 weeks or so) as they didn't give notice according to the contract terms.

3. Accept a mid-point and press for a week's severance pay at 5x my daily rate according to the notice on the contract.

Now to avoid getting all legal (I can't really be bothered or afford it), what should I do and how should I approach the "issue"?

The agency is a fairly well known one outside the S3 circle.

[Ruprect]

If you're a member, speak to the PCG legal team. This will at least give you an idea of what is a reasonable settlement (i.e. what a court would award you)

[malvolio]

Walk away. There will be a clause in the contract somewhere that will absolve the agency from any notice payment in lieu (usually the one about "terminate immediately should the client so desire"). Do not use the agency again and advise others not to.

You're a contractor - you don't get severance pay. You've done the job asked for by the client, end of story. Learn to live with it.

And don't phone the agent FFS, they know nothing and care less. If you have a real greivance, go to the agency management.

[Mailman]

You're a contractor - you don't get severance pay. You've done the job asked for by the client, end of story. Learn to live with it.

No, you are a business. I doubt these guys would be so "understanding" if you left them high and dry.

You owe it to your share holders to get everything owed under this contract paid out in full!

Mailman

[Pondlife]

Moo

Would't this be covered by MOO - i.e. no work to do = no pay?

[malvolio]

That's the point, he has. The client has decided the job is finished, so thank you and good night. A week's notice is just that, notice to quit, it doesn't mean the client has to keep paying for a service he's not receiving. If you want to play it that way, get a fixed price contract.

And you miss the most obvious bit - early termination with equivalent loss of income puts you well outside IR35 for this contract.

[chunkymonkey]

invoice for the weeks severance, if its been agreed to by the client and in the contract do it.

[Pondlife]

I did a short 3 monther with someone and finished all the work after about 6 weeks.

What was the rush - you get paid by the day/hour, don't you? Next time if the client overestimates the workload go fixed price.

[TheMonkey]

What was the rush - you get paid by the day/hour, don't you? Next time if the client overestimates the workload go fixed price.

Yeah I will I think (current contract is fixed).

The rush was their permies are slacking arseholes and even me, slacking as hard as possible were 200% more efficient than their own staff.

I'll invoice them and see what happens. Worst case I'll get a rude letter or something, which I'll post on my web site