Originally posted by centurian
View Post
- 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!
Reply to: Agency trying to dodge paying notice
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Agency trying to dodge paying notice"
Collapse
-
-
Sorry to be blunt about this - as you're probably feeling a bit down right now, but...
Although the contractor=>agency notice period of 4 week applies, you never had a agency=>contractor notice period in the first place.
However the contract was probably worded as such that you can get the impression that you did have a notice period - hence your surprise.
Sorry, but this is contracting. You can be laid off, without reason, with a minute's notice and no pay from that point onwards.
Leave a comment:
-
Originally posted by ma7bd View PostWhat I don’t understand is I have to give them four weeks’ notice if I wanted to call it a day. If they are going to use this clause why did they even put a notice period on the contract?
In addition how do I get them to prove to me that the contract was cancelled? They could just be saying the contract was cancelled to pull a fast one…
Leave a comment:
-
Originally posted by malvolio View PostAnd remember the mantra - "Notice periods are for permies".
Regardless of what the letter of the contract is, I wouldn't presume that I would be paid for a notice period if I got the boot. It's one of those stupid contract terms that doesn't mean tulip.
Paid for time worked, yes but notice period, no.
Leave a comment:
-
Hi Superposter,
Thanks for your response. When you say the client looses the contract with the client does this mean the contract for this particular project or the entire contract between modis and the client?
Regards,
Leave a comment:
-
What I don’t understand is I have to give them four weeks’ notice if I wanted to call it a day. If they are going to use this clause why did they even put a notice period on the contract?
In addition how do I get them to prove to me that the contract was cancelled? They could just be saying the contract was cancelled to pull a fast one…
Leave a comment:
-
Originally posted by ma7bd View PostHi All,
I am having some trouble with the notice period on my contract. I have been working on a project for the past four months and the contract terminated early. There are a number of clauses on which the notice may not be paid but there is also this part of my contract which I am having troubles understanding (below). I think what this means is the agency can just cancel the contract and restart it with their client hence getting out of paying me my notice. Is this true?
The Supplier acknowledges that the continuation of an Assignment is subject to and conditional upon the continuation of the master
contract entered into between Modis and the Client (and which this Agreement is made pursuant to) (the “Master Agreement”). In the
event that the Master Agreement (or any part thereof) is terminated for any reason the Assignment shall cease with effect from the same
date as the termination of the Master Agreement (or any part thereof) takes effect and without further liability of Modis to the Supplier for
notice or payment in lieu of notice. Modis will endeavour to give reasonable notice (based on the period of notice given to Modis) in the
event that this clause comes into effect.
And remember the mantra - "Notice periods are for permies".
Leave a comment:
-
Originally posted by ma7bd View PostHi All,
I am having some trouble with the notice period on my contract. I have been working on a project for the past four months and the contract terminated early. There are a number of clauses on which the notice may not be paid but there is also this part of my contract which I am having troubles understanding (below). I think what this means is the agency can just cancel the contract and restart it with their client hence getting out of paying me my notice. Is this true?
The Supplier acknowledges that the continuation of an Assignment is subject to and conditional upon the continuation of the master
contract entered into between Modis and the Client (and which this Agreement is made pursuant to) (the “Master Agreement”). In the
event that the Master Agreement (or any part thereof) is terminated for any reason the Assignment shall cease with effect from the same
date as the termination of the Master Agreement (or any part thereof) takes effect and without further liability of Modis to the Supplier for
notice or payment in lieu of notice. Modis will endeavour to give reasonable notice (based on the period of notice given to Modis) in the
event that this clause comes into effect.
It would have been slightly cleverer of them if they had said we are giving you your notice which is a month (for example) but we don't have any work for you. That way they would be fulfilling their obligation to give notice playing on the fact you have no work to be paid for.
Whether or not this is fair would depend on the agreement between the agent and the client. If they have given notice and agent has been paid this notice and not passed it on then thats out of order.. but still.. if there is no work for you you still can't expect to be paid. It could bet that the agent is hacked off this early finish as well as his revenue stream has also unexpectedly stopped. Either way unfortunatly what happens between them isn't for you to worry about.
Leave a comment:
-
Agency trying to dodge paying notice
Hi All,
I am having some trouble with the notice period on my contract. I have been working on a project for the past four months and the contract terminated early. There are a number of clauses on which the notice may not be paid but there is also this part of my contract which I am having troubles understanding (below). I think what this means is the agency can just cancel the contract and restart it with their client hence getting out of paying me my notice. Is this true?
The Supplier acknowledges that the continuation of an Assignment is subject to and conditional upon the continuation of the master
contract entered into between Modis and the Client (and which this Agreement is made pursuant to) (the “Master Agreement”). In the
event that the Master Agreement (or any part thereof) is terminated for any reason the Assignment shall cease with effect from the same
date as the termination of the Master Agreement (or any part thereof) takes effect and without further liability of Modis to the Supplier for
notice or payment in lieu of notice. Modis will endeavour to give reasonable notice (based on the period of notice given to Modis) in the
event that this clause comes into effect.
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: