Notice period query

[baggers]

Some advice please

In the me-brolly-agent-client construct ...
I've had a contract terminated by end-client (no fault of my own). Got a letter from agent terminating as per clause this-and-that in contract.
I had made sure there was provision for 4 week notice either way. Client didn't want me to work notice, but in discussion with agent, advised to submit standard timesheet to cover notice period, they'll make sure I get paid for it.
End-client won't pay agent for notice period, agent now says won't pay me, and between them they've decided contract terminated for 'gross misconduct' (not what the letter stated!!!)

Who do I sue? Can I sue agency for what I'm owed or must brolly do that?
Brolly is being bloody useless on this matter actually, and if anyone asks, I will name and shame them.

Solicitor has said agency cannot change the reason for termination 4 weeks after event, and was advised to write letter to agent requesting payment. Got reply back saying my contract was not with them, but they're the ones not coughing up the dough.

Now I'm a little confused, so I need some advise.

Thanks in advance to anyone taking the time to read this

[Sockpuppet]

Go permie. There will be a clause saying that if you are not required for work you do not get paid (well if your contract passed IR35 then it will).

Your a contractor notice periods mean tulip.

[Lewis]

Got reply back saying my contract was not with them, but they're the ones not coughing up the dough.

Surely your contract is with them?! I reckon you will have to put up a fight but that you are entitled to the money. How best to fight I don't know. I would look into the small claims court. I understand it is very easy to do and cheap. If you have written evidence of a notice period and a reason for termination that requires notice then I would think you have an excellent case. The change to gross misconduct to me seems like an obvious attempt to get around the notice period . I guess the thing is to not be intimated and start court action asap. They may just give up and pay once they get the court date. Good luck.

[chris79]

Your contract is with your agency, not the client, so it is them you should go after. It sounds like there is more to this than what you have described if they have decided to state gross misconduct though? But based on the information you have given it would seem like you have a case against them.

[oraclesmith]

If you did not opt out of the Employment Business regs then you have more protection. If you have e-mails or other evidence regarding the real reason for termination then you have something to go to court with. You have to weigh up the problems you might with references from the end-client when you go for another contract versus the money you are contractually entitled to but haven't actually worked for.

Personally I would find out from the end-client whether they would provide you a good reference in the current situation and then work the rest out from there. But that's just my opinion.

[oraclesmith]

Also... give the agency a shot across the bows by getting a good company law firm to write them a letter. It may cost a few quid but it may be worth it just to see the reaction.

[Cooperinliverp00l]

I say name and shame them all !!!!!

[Bluebird]

isn't he employed by the Brolly ?

It's them he has to go after....

[malvolio]

Yes I agree. As I posted in the other thread on this subject

So now you have a problem. If the contract has been terminated for some reason, there's no money anywhere - would you pay the plumber for four weeks after the job was done or, perhaps more relevantly, for four weeks after you'd got rid of him? This also illustrates why notice periods in freelance contracts have no real meaning, the client merely invokes some other reason to drop you, usually professional misconduct or the like. Notice is for permies, you don't qualify.

Walk away, go get your next contract sorted. As a contractor you are not owed any money - you get paid for work done, nothing else.

I suggest this is a lost cause...

[timh]

Malvolio.. While you're here - what would your advice be in a situation that's the same except the contractor had worked the days that the end client (and thus agency, umbrella) was refusing to pay for?

And how about under an old MSC arrangement where the contract between MSC and contractor was only for minimum wage?

Friend of mine's having some long-running problems, I've just said 'get legal advice' but are there any other ideas here that I could pass on?