Agency Forgot to Give Me Notice - Do I Exploit Situation? - Contractor UK Bulletin Board

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Guest22

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#1

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

30 November 2012, 15:21

I have an urgent situation that has come to a head today.

I work for an investment bank in the City as a contractor via an agency. My manager gave me verbal notice on 19 November to end my contract (due to cutbacks) but said he would try to extend how long I can say as long as possible. But, he said it would likely be the 14 days' notice per my contract. Reality is, the mention of trying to extend it was him just being polite.

However... I have not yet received any paperwork from the agency and my contract states that they must give me 14 days' notice in writing to end my contract. I've just had a phone call from the agency today to say that there has been a miscommunication between the client and the agency (a clerical error) and that they understand I am entitled to the full 14 days' notice from today (which they will issue me in writing today). However, they are asking for a compromise because my manager has it in his head that my last day will be 04 December (Monday) based on the verbal notice he gave me on 19 November.

The compromise is that I finish on Friday 08 December. I mentioned that this serves me no real benefit and I am fully entitled to stick my heels in the ground and impose the 14 days from today. The agency agrees. So, I have said I will come back to them this afternoon.

So, I'm not sure what to do. My next role is unlikely to start until at least Monday week. So, I'm thinking maybe I could say I will work the full 14 days from today, but I will gladly finish as soon as I have another role if it starts within that 14 days.

What I don't want to do is upset my manager by effectively exploiting what is really a clerical error. I'm not even sure who will take the financial hit if I stick my heels in - the client or the agency. That's between them I guess.

For me, it's a lot of money to give up just for a compromise I get no benefit from. But, it could potentially burn my bridges if I stick my heels in.

Not sure what to do...
Tags: early, notice, terminated, writing

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stek

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#2

30 November 2012, 15:23

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

No work, no invoice I'm afraid...
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#3

30 November 2012, 15:27

Originally posted by stek View Post

No work, no invoice I'm afraid...

I will still come into work unless specifically ASKED not to.
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#4

30 November 2012, 15:28

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.

Blog? What blog...?
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stek

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#5

30 November 2012, 15:29

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

Originally posted by Neo View Post

I will still come into work unless specifically ASKED not to.

Read up on MOO.
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#6

30 November 2012, 15:31

The dice have been rolled and have not come up in your favour. This is just a part of contracting.

Do not cause a fuss, you will embarrass yourself.

"He's actually ripped" - Jared Padalecki

https://youtu.be/l-PUnsCL590?list=PL...dNeCyi9a&t=615
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#7

30 November 2012, 15:31

Take a week's holiday and enjoy the break. It'll serve nobody any good turning up when they don't want you.
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#8

30 November 2012, 15:32

What Stek said. They can really give you 14 days notice and say 'don't come in there's no work', so suck it up and move on.

And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.
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#9

30 November 2012, 15:43

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.
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#10

30 November 2012, 15:48

*scratches head*

So the client has to pay you whether there is work for you or not? Are you sure?
Most contracts have a MOO clause, doesn't yours?

Who reviewed your contract?

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