Reply to: Notice period query

[Bluebird]

aren't Parasol backed by someone else ?

[TheFaQQer]

Malvolio.. While you're here - what would your advice be in a situation that's the same except the contractor had worked the days that the end client (and thus agency, umbrella) was refusing to pay for?

And how about under an old MSC arrangement where the contract between MSC and contractor was only for minimum wage?

Friend of mine's having some long-running problems, I've just said 'get legal advice' but are there any other ideas here that I could pass on?

This is different - in your case, your "friend" has worked the days, and should be paid for them. Get a solicitor to write to them chasing the bad debt, or have a look at payontime to see how to get the money.

[tino]

Guys
Thank you all for your responses and thoughts. I've decided to see the solicitor as I believe I have a case to win here. I have 'shot one accross the bows' (oraclesmith) and the agency 'Harvey Nash' replied saying I have no contract with them, but I may have one with the brolly 'Parasol'.

Take into account all this happened prior to the changes implemented last April regarding brollies, and contract falls within IR35, I reckon I should go after agency. As promised, I have named all involved (cooperinliverp00l).
And finally to chris79, there is no more to this. Reason for termination: End-Client did not believe project was worth continuing at that time. Reason given for termination AFTER I'd submitted timesheets for the 4 weeks notice period: Gross misconduct with regards internet & email.

Thanks to Lewis and Ardesco for the empathy

I'll let y'all know how I get on at solicitors.

Baggers - Had the same difficulty myself with Parasol chasing an agency, In fact my story is almost identical to yours. I managed to get 3 out of 4 weeks payment and have just requested my P45 coupled with a stinging statement that I will out their incompetance to every other contractor I know.

Fannies

[baggers]

Thanks all

Guys
Thank you all for your responses and thoughts. I've decided to see the solicitor as I believe I have a case to win here. I have 'shot one accross the bows' (oraclesmith) and the agency 'Harvey Nash' replied saying I have no contract with them, but I may have one with the brolly 'Parasol'.

Take into account all this happened prior to the changes implemented last April regarding brollies, and contract falls within IR35, I reckon I should go after agency. As promised, I have named all involved (cooperinliverp00l).
And finally to chris79, there is no more to this. Reason for termination: End-Client did not believe project was worth continuing at that time. Reason given for termination AFTER I'd submitted timesheets for the 4 weeks notice period: Gross misconduct with regards internet & email.

Thanks to Lewis and Ardesco for the empathy

I'll let y'all know how I get on at solicitors.

[fzbucks]

Your contract is with your agency, not the client, so it is them you should go after. It sounds like there is more to this than what you have described if they have decided to state gross misconduct though? But based on the information you have given it would seem like you have a case against them.

If he is with a brolly company wont his employment be with them and then contract is between the brolly-agency-client

thats the problem as I see it with brolly's they'll be there for you to claim your money and pay your tax but stuff you on any issue that involves them working for you

[Ardesco]

I would agree and say it is a lost cause, however it may well be worth sending a few letters to the agency with a bit of bluster in them, you never know they may offer you something.

Bear in mind:

• Contract is with agency, not end client. Forget that the end client exists.
• Notify them that you have written evidence of the initial reason for termination, which does not match up with current version and ask them to provide evidence of gross misconduct.
• Highlight all clauses in contract and tell them that your solicitor is positive that you will win in court, and you will be claiming costs and compensation/interest when you do. (Doesn't matter if you have talked to a solicitor or not, if they are likely to loose in court they will already know, all you are doing is telling them that you know they know they are likely to loose)

If it does come down to court I wouldn't bother. The cost in lost earnings while you go through the court process (because they will drag it on) is likely to be more than the amount you get from them anyway. A bit of FUD aimed at the agency can only be a good thing though, if they belive that you are deadly serious and are going to go all the way they may well pony up something to keep you happy.

[timh]

Malvolio.. While you're here - what would your advice be in a situation that's the same except the contractor had worked the days that the end client (and thus agency, umbrella) was refusing to pay for?

And how about under an old MSC arrangement where the contract between MSC and contractor was only for minimum wage?

Friend of mine's having some long-running problems, I've just said 'get legal advice' but are there any other ideas here that I could pass on?

[malvolio]

Yes I agree. As I posted in the other thread on this subject

So now you have a problem. If the contract has been terminated for some reason, there's no money anywhere - would you pay the plumber for four weeks after the job was done or, perhaps more relevantly, for four weeks after you'd got rid of him? This also illustrates why notice periods in freelance contracts have no real meaning, the client merely invokes some other reason to drop you, usually professional misconduct or the like. Notice is for permies, you don't qualify.

Walk away, go get your next contract sorted. As a contractor you are not owed any money - you get paid for work done, nothing else.

I suggest this is a lost cause...

[Bluebird]

isn't he employed by the Brolly ?

It's them he has to go after....

[Cooperinliverp00l]

I say name and shame them all !!!!!

[oraclesmith]

Also... give the agency a shot across the bows by getting a good company law firm to write them a letter. It may cost a few quid but it may be worth it just to see the reaction.

[oraclesmith]

If you did not opt out of the Employment Business regs then you have more protection. If you have e-mails or other evidence regarding the real reason for termination then you have something to go to court with. You have to weigh up the problems you might with references from the end-client when you go for another contract versus the money you are contractually entitled to but haven't actually worked for.

Personally I would find out from the end-client whether they would provide you a good reference in the current situation and then work the rest out from there. But that's just my opinion.

[chris79]

Your contract is with your agency, not the client, so it is them you should go after. It sounds like there is more to this than what you have described if they have decided to state gross misconduct though? But based on the information you have given it would seem like you have a case against them.

[Lewis]

Got reply back saying my contract was not with them, but they're the ones not coughing up the dough.

Surely your contract is with them?! I reckon you will have to put up a fight but that you are entitled to the money. How best to fight I don't know. I would look into the small claims court. I understand it is very easy to do and cheap. If you have written evidence of a notice period and a reason for termination that requires notice then I would think you have an excellent case. The change to gross misconduct to me seems like an obvious attempt to get around the notice period . I guess the thing is to not be intimated and start court action asap. They may just give up and pay once they get the court date. Good luck.

[Sockpuppet]

Go permie. There will be a clause saying that if you are not required for work you do not get paid (well if your contract passed IR35 then it will).

Your a contractor notice periods mean tulip.