Hi all,
Contract ended 75% of duration in with being asked to leave site at 10am (albeit on good terms), however this was a Friday and the timesheet was signed off to COB that day. I immediately emailed my agent giving full notice. A couple of phone calls ensued. The next working day, the agent replied to my notice claiming that as the client (Hirer) had asked me to leave site, that that constituted a termination of the Supply Agreement, which in turn terminates the contract immediately, without requirement of notice. So he claims - he did not supply proof of that the client asked me to leave. So, a few questions:
1) Should I pur(sue) (for) the 2 weeks notice money, given I likely gave notice before the agent found out, or is it "game over" from either an IR35 or Supply Agreement perspective?
2) Any firms specialising in analysing contracts?
3) The agent requested I alter my timesheet to remove or void the final Friday. Personally not fussed about writing off a couple of hours but doesn't that sets a dangerous precedent? Apart from him asking me to falsify a timesheet - technically I WAS there on that Friday, and the weekly spread of hours isn't specific to how long I was there per day - here's a clause which states, "We may set off appropriate sums from your payments if we have suffered a loss..". If the agent is willing to defy a signed timesheet for 1 day, what's to be done if he falsely claims my work wasn't up to standard and deducting monies as per clause X ?
4) My agreement stipulates only one 1 invoice per month. My understanding is that a company can legally invoice as often as it wishes, so my inclination, if it turns out the most advantageous course is to pursue the notice period money, is to go ahead and invoice regardless. After of course the current invoice is paid!
Thanks, TM
Contract ended 75% of duration in with being asked to leave site at 10am (albeit on good terms), however this was a Friday and the timesheet was signed off to COB that day. I immediately emailed my agent giving full notice. A couple of phone calls ensued. The next working day, the agent replied to my notice claiming that as the client (Hirer) had asked me to leave site, that that constituted a termination of the Supply Agreement, which in turn terminates the contract immediately, without requirement of notice. So he claims - he did not supply proof of that the client asked me to leave. So, a few questions:
1) Should I pur(sue) (for) the 2 weeks notice money, given I likely gave notice before the agent found out, or is it "game over" from either an IR35 or Supply Agreement perspective?
2) Any firms specialising in analysing contracts?
3) The agent requested I alter my timesheet to remove or void the final Friday. Personally not fussed about writing off a couple of hours but doesn't that sets a dangerous precedent? Apart from him asking me to falsify a timesheet - technically I WAS there on that Friday, and the weekly spread of hours isn't specific to how long I was there per day - here's a clause which states, "We may set off appropriate sums from your payments if we have suffered a loss..". If the agent is willing to defy a signed timesheet for 1 day, what's to be done if he falsely claims my work wasn't up to standard and deducting monies as per clause X ?
4) My agreement stipulates only one 1 invoice per month. My understanding is that a company can legally invoice as often as it wishes, so my inclination, if it turns out the most advantageous course is to pursue the notice period money, is to go ahead and invoice regardless. After of course the current invoice is paid!
Thanks, TM
Comment