Reply to: End client ending contract and changed their minds to pay the notice period payment

[SeanT]

Most of Europe use an inquisitorial system instead thanks to Napolean

Nobody expects that...

[Lance]

The contracts have terms and termination conditions between the contractor and the agency to protect both parts, the Agency has another contract with terms and termination conditions with the client. Don't tell me that in the UK a lawyer or a court does not have the power to check the contract between the Agency and the Client if necessary? If not I must conclude that looks like a 3 world country (with no offense). I presume if you won, the blame part will pay all the costs, in the UK no?

The court would the last choice because you may lose the Client but this is another long story.

The contract between the aqency and the client is almost certainly classified as "Commercial In Confidence". So no, the contractor does not get to see it, and nor does any court unless a judge says he needs it, which almost certainly not going to happen unless there is a criminal case.
A court case about B2B payments will always be a civil case.
You call it 3rd world, but it's probably the most mature legal system in the world and better at protecting wealth than almost all the others.

It is an adversarial system. Most of Europe use an inquisitorial system instead thanks to Napolean. That is why someone with a vague grasp of European law has no flipping idea about UK (or American for that matter) business laws.

You accused me of an assumption earlier (which may or may not be wrong), yet you assume an understanding of a legal system which you demonstrably don't have.

As for costs... It depends.... Like most UK law it's not cut and dry. Generally in a small claims court the costs cannot be reclaimed, but there are, as usual, exceptions. In other courts costs are usually awarded to the winner of the case.

IANAL

[Bee]

I believe the critical issue here is the delay in returning the laptop. How long was it delayed for?
Why was it delayed?
Did the client/agent have to make some efforts to get it back?
Etc.

It is, but the OP doesn't show up to answer the questions.

I hate when this happens, they come with a problem and then simply vanish.

[WTFH]

I believe the critical issue here is the delay in returning the laptop. How long was it delayed for?
Why was it delayed?
Did the client/agent have to make some efforts to get it back?
Etc.

[Bee]

I read it as email from agent. I guess it's not so clear.

I have the same impression.

[northernladyuk]

The email from the client won't make a difference will it? The OP has no contractual relationship with the client so it doesn't matter what the client says they will do. That's between the client and the agent.

It also opens the possibility that his contract also says they will only get paid if the agency does. In this case they haven't so again no breach.

I read it as email from agent. I guess it's not so clear.

[Bee]

Twice, impressively!

Why because I advised a help of a lawyer.?

You and NLUK and the lack of ability to analyzing the problem in-depth makes me laugh.

The contracts have terms and termination conditions between the contractor and the agency to protect both parts, the Agency has another contract with terms and termination conditions with the client. Don't tell me that in the UK a lawyer or a court does not have the power to check the contract between the Agency and the Client if necessary? If not I must conclude that looks like a 3 world country (with no offense). I presume if you won, the blame part will pay all the costs, in the UK no?

The court would the last choice because you may lose the Client but this is another long story.

[TheFaQQer]

Usually some official court paperwork is enough to prompt someone into coughing up.

Unless they feel that you're taking the proverbial and they are perfectly within their rights.

In which case you're down to hoping that they don't want to pay out unnecessarily, rather than actually being right.

[mattfx]

Whilst a lawyer will quickly and efficiently resolve, the costs of employing one may not justify the gains. Let's say OP is chasing down £2000 for his 5 days worked, any good lawyer is going to need to spend around an hour going over the contract and being briefed on the situation, a further hour drafting a letter and then potentially a final hour sending a response if the clientco come back.

A very conservative estimate of three hours worth of legal time would probably be somewhere in the region of £600 for someone junior. Whilst you can write that off against your CT bill, you will also have spent a fair amount of your own time chasing this. Do you really want to go to that effort and expense (including your own, valuable time which frankly you cannot put a price on) to chase a grand? (assuming that the initial £2000 figure is in the right ball park) - you may be better off focusing on the next challenge, sending some tailored applications and undertaking some training for your next desired gig.

If you don't want to get legal beagles involved, id try and raise an MCOL claim against the agency (if not opted out) and just see where you get with it. You can withdraw at any time and it only costs a few quid. Usually some official court paperwork is enough to prompt someone into coughing up.

[vwdan]

Another thread completely ruined by Bee.

Twice, impressively!

[Bee]

Another thread completely ruined by Bee.

Very relevant for the case...

[northernladuk]

Another thread completely ruined by Bee.

[Bee]

You've added the word "work" into it.

If you don't have a signed timesheet you don't get paid.
If you don't work during your notice period, you don't get paid.

Yes, I know that, thank you anyway.

[Bee]

Generally, you aren't paid because there is no contractual requirement to pay you.

I understand your point, but there is 5 days notice period on his contract and you need to know the conditions before working in the notice period. Where are the returning equipment conditions?

[WTFH]

Only an idiot would work in notice period knowing that was not going to be paid.

You've added the word "work" into it.

If you don't have a signed timesheet you don't get paid.
If you don't work during your notice period, you don't get paid.