Advice on notice mistake

[eek]

The trouble with "assume"...

My concern here is that the OP is supposedly a contractor.

Contractors are paid for the days they work but not on days that you don't work - so once you left the client that was it.

The reason for our higher pay is that we can be got rid off at any notice, and that the end client only pays for the days people actually work

[HoofHearted]

Good morning,

The client then informed me that I could just leave then and there, no discussion about payment of my notice which I assumed would just be paid on my last payment run.

The trouble with "assume"...

[northernladuk]

Good morning,

I took on a contract back in July when my previous one had ended, the company I worked at for 2 weeks before leaving as the place was in shambles and I had been misled on the work to take place. On the 23/07 I gave my 2 weeks notice in my contract to the client, misunderstanding that I was meant to give it to the umbrella company. The client then informed me that I could just leave then and there, no discussion about payment of my notice which I assumed would just be paid on my last payment run.

Now the umbrella company have just clocked on (2-3 months later) that I'm not longer working with the client and are stating I didn't follow correct procedure by giving my notice to the client instead of the umbrella company and it is unlikely the notice payment can be made.

I'm considering going to ACAS as I feel a mistake in process is an unfair reason to not pay somebody their notice. But I want to see if anybody else has had similar experience or where I stand legally.

many thanks

Probably nowhere. You are employed by the umbrella who hold the contractual agreements between the parties. Probably something like Client-->agency-->Brolly-->you so you should have gone up the chain. You have no contractual relationship with the client so it's not really you to be giving notice directly to them. You tell the brolly and they service notice on the contract they hold.

I assume you did not have a signed contract with the client so there was no provision to give notice. Read the paperwork from the umbrella. If it explains it in there then they've got you bang to rights. You didn't follow the correct process. Contractual chains are not unfair, you have to follow them.

I have to ask why it took three months to find this out? Did you not communicate with your employer at all? You need to give them notice to leave their employment and get your leaving paperwork surely?

There can be no notice payment made if you didn't earn it. I assume you got paid everything up to the last day from the client? Although brollys are your employer they can only pay what you've earned so if you've had the money from the client then where do you think the money is coming from for notice? Again, check the umbrella paperwork to see if they make this clear. Once you've read your docs very carefully then engage with the umbrella and get them to explain and see if they say the same.

[ContractorTom]

Good morning,

I took on a contract back in July when my previous one had ended, the company I worked at for 2 weeks before leaving as the place was in shambles and I had been misled on the work to take place. On the 23/07 I gave my 2 weeks notice in my contract to the client, misunderstanding that I was meant to give it to the umbrella company. The client then informed me that I could just leave then and there, no discussion about payment of my notice which I assumed would just be paid on my last payment run.

Now the umbrella company have just clocked on (2-3 months later) that I'm not longer working with the client and are stating I didn't follow correct procedure by giving my notice to the client instead of the umbrella company and it is unlikely the notice payment can be made.

I'm considering going to ACAS as I feel a mistake in process is an unfair reason to not pay somebody their notice. But I want to see if anybody else has had similar experience or where I stand legally.

many thanks