Money worries

[thekiwi]

Greetings,

My first post - but I've had a browse around and can't quite find an answer to my question (or should that be woes)

I recently just finished a contract at the end of the contracted period and moved to a new contract.. for better money and more respect

The previous contract started out as a six month, then 3 month then 1 month contracts, all had a 4 week notice period.

About a week into the last contract the company announced a 40% reduction in headcount globally so I assumed I was in the firing line, so started to look for alternitives.. even a senior manager suggested I look for other work.

I was offered the new contract and accepted but they needed me quickly (for scheduled training purposes) so I discussed with my agency and client the prospect of leaving quickly.

The agency tried to fob me off, and told me the new contract would never materialise and the client said "you will work your notice period"

So I figured that a one month contract, with a one month notice period is implied notice at the start of the contract, so at the finish I decided to not go back in.

This caused a sh*tstorm, with agency shouting down the phone, HR at client saying they would sue agency.. etc (Turns out Agency had signed a contract for services in the background without me knowing, client had then offered a 5 month extention)

Cut a long story short, the agency are not forthcoming with the pay from the last weeks timesheet, usually they are very prompt !!

They aren't returning my calls or giving any explanation of what is happening - I suspect they are planning on trying to withold..

Now by my reconing, they can't as I was under contract at the time AND have a signed timesheet for the week in question.. in all honesty I just think they are being spiteful.

Any thoughts of morale support would be greatfully recieved.

Cheers,

[northernladuk]

Any thoughts of morale support would be greatfully recieved.

I had thoughts of giving some moral support... but I won't.

That help?

[Sockpuppet]

Now by my reconing, they can't as I was under contract at the time AND have a signed timesheet for the week in question.. in all honesty I just think they are being spiteful.

Any thoughts of morale support would be greatfully recieved.

You would be correct. Payontime.co.uk or a £150 letter from a Solicitor will get them paying up, sharpish. If it was me I'd go straight for the solicitors letter. As much as I agree on doing it yourself expensive letter heads say it better than I ever could.

[northernladuk]

You would be correct. Payontime.co.uk or a £150 letter from a Solicitor will get them paying up, sharpish. If it was me I'd go straight for the solicitors letter. As much as I agree on doing it yourself expensive letter heads say it better than I ever could.

but learning to communicate better with your agent and client is free... and priceless.

[Wanderer]

Definitely don't let them get away with it....

So I figured that a one month contract, with a one month notice period is implied notice at the start of the contract, so at the finish I decided to not go back in.

Yes, you are perfectly within your rights to do this though you have probably burned your bridges a bit with the client.

Cut a long story short, the agency are not forthcoming with the pay from the last weeks timesheet, usually they are very prompt !!

Yes, that's one of the stupid tricks they try to pull.

Any thoughts of morale support would be greatfully recieved.

Don't be expecting too much of that here, not all of us are very good at that!

Have a look at Pay On Time which explains how you are entitled to charge interest and penalties under English law if they pay you late.

On the same website there is a link to Late payment letters, forms and templates, you should use them.

If they don't respond quick smart then when you get to the point of threatening legal action, you can send the more threatening letters directly to the director of the agency personally (look it up on Companies House). When you write to them, go to your Post Office and ask them to send it "Signed For" (only costs £1 or something) because it gets their attention.

There are also lots of articles from Safe Collections about collecting debts.

Good luck and welcome to the forum by the way.

[psychocandy]

Did I read this correctly? You signed a one month extension with the agency, then let this run to the end and then left?

I've also had this 4 week notice bollacks with a one month contract. Exactly how does that work then? :-)

If so, notice period does not come into it. You just chose not to renew. You can walk out the door at 5pm without saying a word if you so desire on the last day of the contract and have no obligation at all. Probably not the best thing not to at least mention your plans to client is all though.

Notice periods (for what they're worth) are only during the contract. If the agency signed up for 5 months with the client and gave you only one month then that's their problem not yours.
Not quite sure why they would have done this - either a screw up or they had ulterior motives either way.

I can see why client is upset - if they signed a 5 month with the agency they're going to expect contractor for 5 months. so bit of a shock to them if they find out contractor is free to leave after one month. But to repeat, NOT YOUR PROBLEM.

One unfortunate thing is that client may not see you as no fault. Unfortunate.

I'd be straight down the legal route though to get my last payment.

BTW - are you opted out?

Although, I would add your not the first to think that notice periods apply all the time and not just within contracts. Pretty sure my current client thinks they can leave an extension until the day before and I've got to accept it because I can't walk away and have to give a months notice. Not matter how many times I tell them.

[thekiwi]

I had thoughts of giving some moral support... but I won't.

That help?

Thanks! You're such a star! Remind me to buy you a beer..

[thekiwi]

Did I read this correctly? You signed a one month extension with the agency, then let this run to the end and then left?

Indeed, that's what happened.

I've also had this 4 week notice bollacks with a one month contract. Exactly how does that work then? :-)

I can only assume HR depts. and Recruiters don't understand contracts ?? To be fair I did wonder myself.

If so, notice period does not come into it. You just chose not to renew. You can walk out the door at 5pm without saying a word if you so desire on the last day of the contract and have no obligation at all. Probably not the best thing not to at least mention your plans to client is all though.

Well, I did mention to the client that I'd been offered another job and that I needed to leave quickly and was met with a wall of arrogance (Bosses boss is French, Company is French owned) I did indicate that my contract would shortly be ending and was told I "must work my notice".

Notice periods (for what they're worth) are only during the contract. If the agency signed up for 5 months with the client and gave you only one month then that's their problem not yours.
Not quite sure why they would have done this - either a screw up or they had ulterior motives either way.

The notice period was changed from 1 week to 4 weeks about two years ago, when the got worried I may walk away - this was also at a renewal for three months so was more appropriate I suppose.

I can see why client is upset - if they signed a 5 month with the agency they're going to expect contractor for 5 months. so bit of a shock to them if they find out contractor is free to leave after one month. But to repeat, NOT YOUR PROBLEM.

One unfortunate thing is that client may not see you as no fault. Unfortunate.

It is Unfortunate but I'm not sure if I really care.. the company itself is not making a profit and has not done in 13 years - they have a massive burn rate.. not the most stable of companies to work for when you contract!

I'd be straight down the legal route though to get my last payment.

BTW - are you opted out?

I don't believe I am (Opted out) - I can't even find a contract with the agency (apart from the renewals which were signed online.. these don't include full t&c)

Although, I would add your not the first to think that notice periods apply all the time and not just within contracts. Pretty sure my current client thinks they can leave an extension until the day before and I've got to accept it because I can't walk away and have to give a months notice. Not matter how many times I tell them.

I suppose I was wondering how you give a months notice, on a months contract ?!? You are given a new contract for one month to work your notice ?

Cheers

[jmo21]

I can see why client is upset - if they signed a 5 month with the agency they're going to expect contractor for 5 months. so bit of a shock to them if they find out contractor is free to leave after one month. But to repeat, NOT YOUR PROBLEM.

I disagree actually.

The client is of course entitled to be upset, and the agent is to mostly to blame, but in this scenario the OP is quite unprofessional to just leave without saying anything.

Yes, you are not contractually obliged, but professionally, you should have been making sure of a clean handover.

[psychocandy]

Like I said, don't worry then. Notice period is not relevant in any way if the contract expires.
As you've worked out a 4 week notice period on a month contract is pretty silly.

Theoretically, you could give notice on day one and get to leave 3 days early before the month.

Got a feeling that yours is not the first client ever to think that notice periods apply whenever. Pretty sure mine think like that too.

But then again, thats not your problem, is it?
As I said, even though your not obliged to tell them you don't plan to renew its usually best to avoid bad feeling. But then, in your circumstance, if you mentioned in and they said stupid bollacks about working notice then I'd say fair enough then....