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Notice Period Dispute

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    Notice Period Dispute

    Dear All,

    As discussed in one of threads a week ago, now I have been handed over a notice period of 2 weeks instead of 30 days(4 weeks) that I have signed for initially. When I have spoken to the agency, they are saying they have posted the letter a mentioning the amendment to the notice period, a month ago which I have not received it till date. They are holding my last months money as ransom for acceptance of this 2 weeks notice. I know there is no way they can hold this money legally, but meanwhile when I had discussed with the agency they are saying if I wanted to go legally I will not stand a case as they have already posted the letter and they will show that in their logs.

    I spoke to one of the legal chaps who said since I have not received the letter there is no way they can enforce the 2 weeks new notice period so I have every right to ask for 30 days notice and I will stand to win a case if they are taken to court. Also he has advised me to inform the agency that they cannot be holding my money.

    One thing is definitely very immoral or unethical that they are holding my money for the month of February as ransom for me to accept the new notice period.

    I am really very confused and not very sure if I have to take this route or not.

    Please can someone help.

    Cheers

    #2
    Originally posted by itcontractor07 View Post
    Dear All,

    As discussed in one of threads a week ago, now I have been handed over a notice period of 2 weeks instead of 30 days(4 weeks) that I have signed for initially. When I have spoken to the agency, they are saying they have posted the letter a mentioning the amendment to the notice period, a month ago which I have not received it till date. They are holding my last months money as ransom for acceptance of this 2 weeks notice. I know there is no way they can hold this money legally, but meanwhile when I had discussed with the agency they are saying if I wanted to go legally I will not stand a case as they have already posted the letter and they will show that in their logs.

    I spoke to one of the legal chaps who said since I have not received the letter there is no way they can enforce the 2 weeks new notice period so I have every right to ask for 30 days notice and I will stand to win a case if they are taken to court. Also he has advised me to inform the agency that they cannot be holding my money.

    One thing is definitely very immoral or unethical that they are holding my money for the month of February as ransom for me to accept the new notice period.

    I am really very confused and not very sure if I have to take this route or not.

    Please can someone help.

    Cheers
    Did they send the letter by Recorded / Registered Post? Did they get proof of posting? If not, how can they legally prove that they posted the letter? I would seek legal advice and see how to progress from there.
    If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

    Comment


      #3
      Is there any obligation of client to provide you with work? If not : does it matter what your notice period is?

      Comment


        #4
        Originally posted by itcontractor07 View Post
        Dear All,

        As discussed in one of threads a week ago, now I have been handed over a notice period of 2 weeks instead of 30 days(4 weeks) that I have signed for initially. When I have spoken to the agency, they are saying they have posted the letter a mentioning the amendment to the notice period, a month ago which I have not received it till date. They are holding my last months money as ransom for acceptance of this 2 weeks notice. I know there is no way they can hold this money legally, but meanwhile when I had discussed with the agency they are saying if I wanted to go legally I will not stand a case as they have already posted the letter and they will show that in their logs.

        I spoke to one of the legal chaps who said since I have not received the letter there is no way they can enforce the 2 weeks new notice period so I have every right to ask for 30 days notice and I will stand to win a case if they are taken to court. Also he has advised me to inform the agency that they cannot be holding my money.

        One thing is definitely very immoral or unethical that they are holding my money for the month of February as ransom for me to accept the new notice period.

        I am really very confused and not very sure if I have to take this route or not.

        Please can someone help.

        Cheers
        If they owe you less than £5,000 you can take them to the small claims court.

        Tell them you are going to do this for the Feb money plus the 30 days notice and expenses!

        You can do this all on line over the net.

        Comment


          #5
          Originally posted by pmeswani View Post
          Did they send the letter by Recorded / Registered Post? Did they get proof of posting? If not, how can they legally prove that they posted the letter? I would seek legal advice and see how to progress from there.
          1) Even if they have posted it, recorded, whatever, it doesn't mean anything unless the OP has formally accepted the change of conditions. They can't just unilaterally change contract terms mid-way through a contract.

          2) The agency has absolutely no right to withold fees, under any circumstances. Notwithstanding any notice period shenanigans, this is the killer.

          3) I wouldn't bother with legal advice unless your rate is absolutely stellar. At the most we're talking 2 weeks income here and that will very rapidly be eaten up by legal fees, particularly if it ever got near a court. Maybe pay for a solicitors letter as below but no more than that.

          I would tell them - in a letter - that they have no right to do any of this and give them 7 days to pay. If they don't then issue a claim against them, use https://www.moneyclaim.gov.uk They will roll over as they are 100% in the wrong and they know it.

          Oh yes, and name and shame please!

          Comment


            #6
            Originally posted by deckster View Post
            1) Even if they have posted it, recorded, whatever, it doesn't mean anything unless the OP has formally accepted the change of conditions. They can't just unilaterally change contract terms mid-way through a contract.
            That's not in dispute. The point I am stating is that the agency has stated that they can prove that they posted the letter. What I am stating is that they cannot prove unless they have some proof that the letter has been posted and, in most cases, received by the recipient.... regardless of whether the OP has agreed to the new clause or not.

            Originally posted by deckster View Post
            2) The agency has absolutely no right to withold fees, under any circumstances. Notwithstanding any notice period shenanigans, this is the killer.
            Absolutely agreed.... hence the legal advice. Possible small claims court or even Debt Recovery.

            3) I wouldn't bother with legal advice unless your rate is absolutely stellar. At the most we're talking 2 weeks income here and that will very rapidly be eaten up by legal fees, particularly if it ever got near a court. Maybe pay for a solicitors letter as below but no more than that.
            [/quote]

            If the OP is losing money through no fault of his own, regardless of the amount (unless if it is an amount that won't have an impact on the OP's way of life, then fair enough), then legal advice would be a way forward.

            Originally posted by deckster View Post
            I would tell them - in a letter - that they have no right to do any of this and give them 7 days to pay. If they don't then issue a claim against them, use https://www.moneyclaim.gov.uk They will roll over as they are 100% in the wrong and they know it.

            Oh yes, and name and shame please!
            Good point about writing a letter. However, emailing them is also legally binding, I believe.
            If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

            Comment


              #7
              Small claims court will only cost a few hundred £££ max, you should have signed timesheets and make sure you have invoiced for everything plus a seperate invoice for the 30 days notice.

              Comment


                #8
                Make an issue and also get the client notified?

                IT Agencies generally are run by wide boys who havent achieved much in life and want the easy way out. They give it all fluff and no fanny.

                Im sure the next stage will be a call from the Account Manager or Director - put him in his place with your clear findings and reasons and tell them to release your money. If suits - go do it face to face...I find face to face always gets a better response as everyone wants to be an Arnie on email and the phone.

                Tossers! the lot of them!

                Comment


                  #9
                  Withholding fees

                  Firstly, I've been in this same situation with an agency.

                  Legally, they cannot withhold the money. Their change in contract is only binding upon acceptance, and you've not received it let alone accepted it.

                  Secondly, I would simply go to the client.

                  As a supplier to the agency, who then on-sell your services to the end client who is the beneficiary of those services, the agency is doing exactly that - acting as an agent. As such, under the law, they add no value to the process. That's the practical outcome which may be interpreted differently by them.

                  What I would do is approach the client, make them aware your invoice is being withheld and identify if they have paid the agency for their fees for that period. If they have, then the agent must turn over the money or you can sue for breach. If they haven't, then I'd ask the client to pay your invoice and cut the agent out.

                  One thing also to remember and this goes to the end client. The end client doesn't assume ownership of the intellectual property of the work you produced for them. So if they don't pay, they are not legally entitled to use that expertise/work product/etc for any purpose, as it is not paid for.As such, you can issue the agency not only with a breach notice for breach of contract (payment terms) but also issue them with a notice estopping them from using the work product until payment is received. And I'd make the end client aware of all of this and put the agency right in the deep **** of it all. You watch the agency roll over quick smart.

                  Its all about knowing your rights not just as a contractor, but as a supplier of services. If you apply that legal angle to it and use Debt Collection, Intellectual Property, Breach of COntract and all that, agencies don't have a leg to stand on because they cannot withhold monies for any reason.

                  Finally, I'd tell the agency you are reporting them to APSCO immediately for breach of their code of conduct and also to Trading Standards for investigation. It will cost them 10 times what they are witholding in terms of loss of revenue with the end client and loss of reputation, not to mention loss of license if they are found to be breaking the law, than it will to pay you what you are owed.

                  Don't budge an inch !

                  Comment


                    #10
                    There's no reason to be confused. They are trying to rip you off and think that they can get away with it.

                    I've had success with threatening the small claims court in similar circumstances.

                    Send a registered letter to them and give them 14 days to respond or pay. Say in the letter that you will take legal action if you are not paid.

                    After 14 days write to them again (and send registered) and tell them that unless you here from them in 7 days you will start proceedings in the small claims court. Explain that they will be responsible for all costs.

                    Don't wast your money on legal expenses as you probably won't get them back. This is something that you can do yourself.

                    Check your household insurance and other insurance to see if you have access to a legal helpline. This may be available for free. I'm lost count of the number of times I've used mine.

                    Don't waste your time on arguing with them and worrying about this. They intend to rip you off and all the stuff about letters is just camouflage.

                    You need to try and find out how solvent they are and if this is a sign of a company that will go under taking your money shortly.

                    If you do get a judgment in the small claims court you may face a battle and need the help of the court bailiffs so bear that in mind in your planning.

                    Good luck!

                    Comment

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