Reply to: Do I need to give in NOTICE when I have not signed any extension

[LondonManc]

My contract ended last week 25th Jan 2019. The agency had informed me earlier that there would be an extension in place however did not receive any formal extension contract even in the last hours of 25th. I called my agency up and they said that it will come through shortly , however i mentioned i do not wish to pursue any further extension due to personal reasons.

I let my manager know about my decision as well. In the contract which ended on 25th , there was 2 weeks notice clause for both parties. In this situation where i do not wish to pursue any extension was I required to give in a notice?

The agency did not process the extension and hence had no active contract beyond 25th. Few of my colleagues mentioned that there is fear that client/agency may stop my last two weeks payments. I see the time sheets has not been approved yet.

1) Was i required to give in a notice?
2) Are they legally right in stopping the payment for last 2 weeks?

If you have been in work after Jan 26th then that is equivalent to you accepting the extension.

[psychocandy]

Now I've got a thing about this. I had a gig once where every time they left it until the last day and often I had to take a day off when the gig ended. Pissed me right off.

I kept telling them and telling them but the client were convinced that I had to give a months notice of not accepting the extension. Nuts or what.

I never left in this circumstance but one guy did. They were relying on him for a huge rollout a week later. They fannyed him about, same as everyone, and he warned them about 20 times. Got another gig lined up on the Friday afternoon apparently, packed up his stuff and left. Didn't turn up monday and client went nuts wanted to sue the agency and him...

[WordIsBond]

Thanks, I will wait and watch, give some time to the agency and pester them and chase and then will follow with the dunning. Thanks for your help

This sounds correct. It is now one week since your last day. You should have been paid but I'd keep it friendly with the agency at this point in time.

[northernladuk]

I just recall that the invoicing arrangement is Self Billing i.e Agency raises the invoices on my behalf. Can i still do dunning

Of course. All they are doing is raising the paperwork on your behalf as you say. Nothing else is different. If you have Freeagent you should be raising in invoice in that to match but that's aside.

The commercial arrangement is exactly the same regardless of who is doing the paperwork.

But again. This is something you signed up for so you really should understand what you are signing up for and how it works. More info here.

Temping & contracting: Self-billing Q & A

[Withorwithout]

If they don't you start 'Dunning' and mentioning interest on top of the invoice as per the Late Payments legislation. At this point the agent/client get wind you know what you are talking about and pay up.

I just recall that the invoicing arrangement is Self Billing i.e Agency raises the invoices on my behalf. Can i still do dunning

[Withorwithout]

OP, if you do want to go for the jugular then here is a great thread on how to do it.

https://www.contractoruk.com/forums/...-can-i-do.html

Start using the correct legal terminology and signed for letters they can't avoid will make them sit up and take notice. .

Thanks, I will wait and watch, give some time to the agency and pester them and chase and then will follow with the dunning. Thanks for your help

[northernladuk]

OP, if you do want to go for the jugular then here is a great thread on how to do it.

https://www.contractoruk.com/forums/...-can-i-do.html

Start using the correct legal terminology and signed for letters they can't avoid will make them sit up and take notice. Agents are very adept in palming you off and ignoring you because many people don't know what to do. As soon as a contractor mentions 'suing' them they'll just laugh their socks off and it's clear that contractor has no idea what to do.

Once you quote legislation that is going to cost them money they'll be on it like a rash.

[northernladuk]

Well on the heading of the previous extension contract it says 'OPT OUT' in BOLD

Yeah but most Opt Outs' are done incorrectly. It's all a bit of a joke. It must be done before introduction or supply. Now agents read this all wrong. They think it means before you start i.e. supply which would mean the introduction bit is pointless. As far as I am aware the supply bit relates to gigs where you already know the client. So assuming you've never met the client before you must opt out before you interview, i.e. introduction. 99.9% this is dealt with when the gig has been offered to you at contract signing time so the Opt Out is actually invalid. You are technically opted in so they agent MUST pay you regardless of times sheets or payment from the client.

That said I can't remember one time where someones Opt In/Out status has made one iota of difference to the outcome so where CP is quite correct in mentioning it I don't think it's worth a jot. If agents don't understand it they certainly aren't going to honour it.

You've a legal right to get paid, you might have to wait a bit but they should eventually get it sorted once they've calmed down. If they don't you start 'Dunning' and mentioning interest on top of the invoice as per the Late Payments legislation. At this point the agent/client get wind you know what you are talking about and pay up.

[Withorwithout]

Correctly?

Well on the heading of the previous extension contract it says 'OPT OUT' in BOLD

[northernladuk]

Yes

Correctly?

[Withorwithout]

Next question...are you opted out?

Yes

[TheCyclingProgrammer]

The agency is chasing the client to approve the timesheet ; but no response from client yet.

Next question...are you opted out?

[northernladuk]

Good catch again, 'work' :'client'.

I'm kinda playing with you while making a pedantic point so don't take me too serisouly

Wanted to be sure if i was legally right by not giving any notice when the contract has a natural end and is the client legally right to stop my last two weeks payment?

Oh right sorry. This has already been covered in the thread but...
You've completed the contract and it ends on the date you've all signed up for. Everything is absolutely correct and as per that very same contract you must be paid for work done.

Another more serious point on understanding contract appears here though. The client is not stopping your payment. He is stopping the agents payment. In turn the agent isn't paying you. If you were Opted in the agent has to pay you no timesheet or anything. But that's maybe making things more complex.

There is no legal reason you won't be paid. You are entering business terrioty. You've pissed off the client by not understanding the situation properly so in turn he's pissing about with payments and time sheets. It's very common and why professional courtesy and negotiation far out trumps contracts.

Keep pestering the agent, as that is the only person you have any commercial relationship with. They haven't been paid either so are technically on your side.

Keep mailing the agency pointing out you've worked and expect pay. They will deal with it and I can't see any reason whatsoever you won't get your money. Its just people playing silly buggers.

That help?

If the money doesn't appear sometime in the near future we've got a ton of advice what to do. Keep us informed.

[Withorwithout]

That seems reasonable, especially if the offer was unpaid (for a limited duration).

You need to be chasing things with the agency as they are who you are contracted with.

In all honesty, the client should be asking the agency why they have allowed them to be left in the lurch. It was the agency's duty to arrange an extension with you and provide paperwork in good time. The client should have been working on the basis that you would be leaving at the end of the contract until they saw a signed extension saying otherwise.

This is as much a failure of the agency to manage their client's expectations IMO.

The agency is chasing the client to approve the timesheet ; but no response from client yet.

[Withorwithout]

Sorry. Maybe I've gotten mixed up here. When you said legally right I thought you meant the confusion you had about giving notice when a contract is naturally expiring.

Did I miss something?



Not at clients site you mean

Good catch again, 'work' :'client'.

Wanted to be sure if i was legally right by not giving any notice when the contract has a natural end and is the client legally right to stop my last two weeks payment?