Agency holding contracted notice period payment Agency holding contracted notice period payment - Page 2
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  1. #11

    More time posting than coding


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    Quote Originally Posted by pkmits View Post
    Ok, thank you for the replies and i get some of what you are saying but on the notice period,

    1, It was written in to the professional B2B contract thnat each party MUST give 4 weeks notice in writting to terminate, ifi had just walked out for a new role with Zero notice i am sure a company would have chased me

    2, I have it written i was terminated due to a breach of contract terms. "As I stated to you on the 6th of Dec when we spoke on the phone the client instructed both you and me that they had terminated your contract with immediate effect as a result of your unapproved non-attendance being a breach of contract on Fri 1st, Mon 4th and Tue 5th Dec"
    what they have tried to do is use a BS excuse that has no merit, how can anyone say you are in breach of contract terms when you had 2 days off sick, worked from home and had your line managers knowledge that was happening.,

    I left it for so long as i tried the CAB route who were uselss looking back, i have looked into this and for an amount over 10K it will cost me about £400 to submit the claim online then take it to the county court,. this I am still going to do once i have the £400 spare again, thats part of the reason for the dealy, This company has chossen 100% to ignore my calls, block my emails about the request and not respond so if they decide to reject the letter from the court and fail to atten it could also go in my favour by default

    this isnt causing me sleeples nights, just dont see why a @~&T of an agency shouold be aloowed to walk all over us

    thanks for what you have said but it wasnt any more use than i already know so i will go down the county court route next month.

    cheers
    Just to reiterate; when contracting, contracts generaly stipulate you don't get paid unless the client provides work, and you do said work. Ergo, notice periods are junk.

    More to the point, you can typically view the higher pay a contractor can get as a trade for the lack job security. If you can't deal with the lack of security and/or aren't pulling in bigger numbers than you would as a perm, you should probably just be a perm.

  2. #12

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    Firstly, my sympathies for what sounds like has been a pretty tulip time.

    Secondly, AIUI you are billing for three days on site, and then 4 week notice? So 23 days in total, based on you saying it's about £10k total this works out about ~£450 a day?

    In my view forget it, in all the years I have been on this forum, and those denizens who have been here longer might know differently but notice period has never been paid out for work not done, your contract will have a stipulation that you only get paid for signed timesheets and usually when the client pays the agency. You could be the one case that proves this wrong but it will be an uphill battle to win anything, and again in my view only, your efforts and energies will be better spent looking for more work, rather than chasing the past.

    Good luck and I hope I'm proven wrong, but I'm pretty sure I doubt I will be
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  3. #13

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    Quote Originally Posted by jmo21 View Post
    Probably the number 1 misunderstanding by people new to contracting (some might even be years into contracting before finding this out I guess)

    While it has the same name, it is just not the same as permie notice.
    Quote Originally Posted by SimonMac View Post

    In my view forget it, in all the years I have been on this forum, and those denizens who have been here longer might know differently but notice period has never been paid out for work not done, your contract will have a stipulation that you only get paid for signed timesheets and usually when the client pays the agency. You could be the one case that proves this wrong but it will be an uphill battle to win anything, and again in my view only, your efforts and energies will be better spent looking for more work, rather than chasing the past.
    despite my previous post, SimonMac has reminded me that I have witnessed 1 person receive notice period payment, and that was when they were let go for being rubbish at their job. And I think it was 2 weeks worth as well.

    Big US corporate tech company, but I'm pretty sure like most of our contracts, they didn't have to do that.

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