tricky one

[Normie]

very quick responses.

the agency are small fry which is why I think funny beggars are being played.

ill go and see a solicitor tomorrow and get a wee nasty letter off to them

Save yourself some money and use:


http://www.thomas-higgins.co.uk/

to send an initial letter - costs 2 quid

[TheFaQQer]

within ir35 mate,

my problem is I have tendered for another contract through a friend of mine and I don't find out till march 12th. there were several other contracts I could have taken but it would have meant working away so this is the one I'm holding out for.

its not so much the money but the principle of being shafted like this. hopefully I get a resolution and gain some knowledge from the whole thing.

my next contract will put me outside ir35 so then I can dump the brolly as well

Since you're in, then it's worth chasing it - see what the lawyers say. I only didn't chase it since although there was a principle at stake, I was better off out (and might be able to use the risk factor if ever investigated for IR35).

Invoice now for the notice period - then you can start adding interest on for not paying on time...

[tino]

Are you in or outside IR35?

If in, then chase it.

If out, then take the money on offer, and go and get another job. Use it as an indicator of the risk that you face in your business, should there ever be an IR35 investigation.

Take the advice from the forum - you'll never win an argument with a permie.

I had exactly the same thing happen to me earlier this year - Monday I offered to leave the project and was told that they wanted me to stay; Friday morning (8.15) contract was terminated with no notice and no pay-off. Monday, started new contract on improved rate.

within ir35 mate,

my problem is I have tendered for another contract through a friend of mine and I don't find out till march 12th. there were several other contracts I could have taken but it would have meant working away so this is the one I'm holding out for.

its not so much the money but the principle of being shafted like this. hopefully I get a resolution and gain some knowledge from the whole thing.

my next contract will put me outside ir35 so then I can dump the brolly as well

[TheFaQQer]

Are you in or outside IR35?

If in, then chase it.

If out, then take the money on offer, and go and get another job. Use it as an indicator of the risk that you face in your business, should there ever be an IR35 investigation.

Take the advice from the forum - you'll never win an argument with a permie.

I had exactly the same thing happen to me earlier this year - Monday I offered to leave the project and was told that they wanted me to stay; Friday morning (8.15) contract was terminated with no notice and no pay-off. Monday, started new contract on improved rate.

[tino]

thanks guys

very quick responses.

the agency are small fry which is why I think funny beggars are being played.

ill go and see a solicitor tomorrow and get a wee nasty letter off to them

[oraclesmith]

The employment business regs should offer you some protection. If you have a written contract stating 4 weeks either way then the EB is clearly trying it on. Depending on how good their reputation is, they might respond to a formal complaints procedure before going to small claims. Once you've got the evidence (including written confirmation, if you can get hold of it, that the client paid or will pay the EB for the 4 weeks) then you could go to a solicitor for a half-hour freebie advice session.

[Paddy]

I'm through a brolly though chaps,

they have offered to take it up with the agency. I wanted to avoid strong arm tactics if possible but it looks like that may be my only option.

Surely a notice period means just that

Never trust anyone with your money particularly a brolly company.

Get a solicitor to look at your contract, you may be lucky at the CAB. Technically you maybe an employee of the brolly co in which case sue them or take them to an employment tribunal.

“Never ever use a brolly for your lolly.”©

[lukemg]

Barely know where to start Tino - firstly - congratulations on incredible self-awareness, most people would have blamed someone else completely, you have put your hands up to struggling a bit.
Secondly - you can never allow yourself to get in this position as a contractor, I am working with mostly ok people but have come across a few I really dislike and one who tried to screw me over and who I can just about bear to be in the same room as, although I feel very close to strangling the scrawny b1tch all the way through any meeting. On one contract, I hated one of the lads in the department - he invited me to his stag-do and wedding...
Point is - they won't be aware of this because I make it my job to develop a good working relationship, defuse potentially explosive issues etc You never win an argument with a permie.
In addition - you have to identify and control the workload, are you taking on work that should be done by techies, or is it basic admin that can be delegated or are you passing on info without adding value i.e. why are you in that loop taking up your time.
ANYWAY - this is for the future, don't suppose you have an email promising to honour the 4 weeks ? Either way, that is your contract, dig heels in for 4 and get a solicitor to check it out/send a threatening letter if they refuse.

[tino]

I'm through a brolly though chaps,

they have offered to take it up with the agency. I wanted to avoid strong arm tactics if possible but it looks like that may be my only option.

Surely a notice period means just that

[The Lone Gunman]

We have covered this kind of thing before.

Solicitors letter threatening court action for full recovery plus costs.

You may find you come unstuck though. You are only paid for the hours you work. If they gave you 4 weeks notice but no work then they owe you nothing anyway.

[Paddy]

alright, alright....

the grammar is poor, I refute the spalleng allugitons thuohg

If you have your own limited company then take a claim in the Small Claims Court it will cost about £100. I have don that three times against agents an won each time with costs. Think of yourself as a business.

[tino]

pmsl

How dare you try and take over my position on this forum as worst speller and grammar person!

alright, alright....

the grammar is poor, I refute the spalleng allugitons thuohg

[Paddy]

Hi folks, new to the forum and contracting too.

I begun my first contract after being a permie in october. it was a six monther and after being there for about 2 months it started getting on top of me, the workload was extreme and relations between myself and the PM reached breaking point - there was a severe personality clash and she in my opinion took a real dislike to me. I did not directly report into her but to another PM who I got on great with.

Anyway things got so bad that I offered my resignation to my gaffer (the one I liked) and he laughed it off and told me not to be so daft but two days later bad pm had went to her line manager and told him that it was not working and she would prefer to carry out the work I was doing herself - she cited that the work was not being done, it was but not at the pace she wanted.

I was told by good pm that I was to clear my desk and go - I was being put on "gardning leave".

he was very apologetic and had confirmed that I would get what I wa entitled to - notice was 4 weeks either side and imho I didn't deserve the boot.

Now 6 weeks down the line the agency are trying to palm me off with a weeks wage in lieu of garden leave.

what should I do......

we are talking about nigh on three grand here


cheers

How dare you try and take over my position on this forum as worst speller and grammar person!

[tino]

Hi folks, new to the forum and contracting too.

I begun my first contract after being a permie in october. it was a six monther and after being there for about 2 months it started getting on top of me, the workload was extreme and relations between myself and the PM reached breaking point - there was a severe personality clash and she in my opinion took a real dislike to me. I did not directly report into her but to another PM who I got on great with.

Anyway things got so bad that I offered my resignation to my gaffer (the one I liked) and he laughed it off and told me not to be so daft but two days later bad pm had went to her line manager and told him that it was not working and she would prefer to carry out the work I was doing herself - she cited that the work was not being done, it was but not at the pace she wanted.

I was told by good pm that I was to clear my desk and go - I was being put on "gardning leave".

he was very apologetic and had confirmed that I would get what I wa entitled to - notice was 4 weeks either side and imho I didn't deserve the boot.

Now 6 weeks down the line the agency are trying to palm me off with a weeks wage in lieu of garden leave.

what should I do......

we are talking about nigh on three grand here


cheers