Reply to: Breached notice period

[Bunk]

I'm surprised so many people think the agency can only claim for actual costs incurred. It's a business to business contract surely, and early-exit penalty clauses are common in these. Having said that, I wouldn't want one in my contract just in case.

[ronanm]

Those costs are a load of bollocks. Did they actually get anyone in there to replace you? If not then their only loss is the loss of margin. Even then it's debatable that there was any loss whatsoever. Then they suggest that the replacement would be put in there at no cost to the client? Bulltulip.

Tell them that they have to pay the full invoice and hand it over to a debt collection agency if they won't pay. It won't cost you bugger all and they will probably just pay up to avoid the hassle.

Interesting they blinked once a legal person got involved. They'd probably blink again were it pursued.

[Wanderer]

Sent on what my mate sent me and got this in response:

Given they've been continuously recruiting for the last three years i'm not sure how much of this is true but I don't really care. Too much going on just now. It's not a great deal of money. They're arseholes though. Let that be noted.

Those costs are a load of bollocks. Did they actually get anyone in there to replace you? If not then their only loss is the loss of margin. Even then it's debatable that there was any loss whatsoever. Then they suggest that the replacement would be put in there at no cost to the client? Bulltulip.

Tell them that they have to pay the full invoice and hand it over to a debt collection agency if they won't pay. It won't cost you bugger all and they will probably just pay up to avoid the hassle.

[northernladuk]

Go an -agency name?

Hey Psychocandy....

[psychocandy]

Go an -agency name?

[Jeebsy]

As much as I hate this agency, they do get a lot of work in my sector so might be best to keep the pragmatic hat on too.

[I just need to test it]

Small Claims Court

Small Claims Court is a pain in the butt anyhow.

The hearing usually takes place in the defendant's neck of the woods, so factor in travel, time off, cost of hearing.

So far (in a non-IT-related claim) I'm up to over 800 quid in costs (140 fees, 325 hearing fees, 400 expert witness). If I ever manage to win my case the defendant can simply decide not to pay and I'll have to head off to court again (more fees) to try and enforce the order. Which they may just ignore.

And besides the financial impact there's the hundreds of hours of lost sleep and fretting over the impending hearing.

Only go to court if you have killed Katie Hopkins. That's my golden rule. They'll never convict.

[Jeebsy]

They would never, ever have got a replacement in.

[SueEllen]

To be honest some of those figures are a lot lower than I thought they would be.

These are the figures they can show a court.

So even if it costs them more they can't prove it.

[SueEllen]

And if the OP is opted in (i.e. not opted out), employment law has some relevance, I think. Or not?

Employment law has no relevance.

The only law that has relevance is the Conduct of Employment Agencies and Employment Businesses Regulations.

[northernladuk]

Sent on what my mate sent me and got this in response:



Given they've been continuously recruiting for the last three years i'm not sure how much of this is true but I don't really care. Too much going on just now. It's not a great deal of money. They're arseholes though.

To be honest some of those figures are a lot lower than I thought they would be.

[Jeebsy]

Sent on what my mate sent me and got this in response:

Your email requests that Agency X quantify the loss incurred that was caused by Jeebsy’s personnel not completing the contractual notice period. We are pleased to do so.

Summary of Actual Costs Incurred:

Item Cost

1 Cost of finding a replacement (includes sourcing, interviewing and assessment) £110

2 Cost of vetting the replacement resource £125

3 Loss of profit on days not worked by WH & non-chargeable days for replacement £120

4 Cost incurred – non-chargeable days for replacement £380

Total £735

Agency X has advised that it will charge Jeebsy's Ltd Co (and recoup by deduction from invoiced fees) an amount of £380 only. Agency X is prepared to accept this reduced sum in this case, as a concession given that the majority of the notice was worked. The amount has been reduced to reflect the value of the days not worked, although as detailed above, Agency X's losses relating to the matter are considerably more.

Given they've been continuously recruiting for the last three years i'm not sure how much of this is true but I don't really care. Too much going on just now. It's not a great deal of money. They're arseholes though. Let that be noted.

[speling bee]

Absolutely nothing.

Though a barrister sending them a letter might convince them to pay up........

And if the OP is opted in (i.e. not opted out), employment law has some relevance, I think. Or not?

[SueEllen]

What does employment experience have to do with it, it is a B2B relationship?

Absolutely nothing.

Though a barrister sending them a letter might convince them to pay up........

[Dylan]

What does employment experience have to do with it, it is a B2B relationship?