Client and Agent serve notice but don't pay me - where do I stand legally Client and Agent serve notice but don't pay me - where do I stand legally - Page 3
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  1. #21

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    Quote Originally Posted by Podgy View Post
    ...Yet
    And after the months of arguing as kittykat and now as Podgy that speaks volumes does it not?
    Last edited by northernladuk; 27th June 2013 at 19:48.
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  2. #22

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    Quote Originally Posted by Podgy View Post
    ...Yet
    ...At all...
    Blog? What blog...?

  3. #23

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    Quote Originally Posted by northernladuk View Post
    And after the months of arguing as kittykat and now as Pogle that speaks volumes does it not?
    Is that a Freudian slip, or do you know something we don't?
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  4. #24

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    Quote Originally Posted by TheFaQQer View Post
    Is that a Freudian slip, or do you know something we don't?
    Oh christ, I hope she doesn't see that
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  5. #25

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    Quote Originally Posted by cherhill View Post
    After 10 years I would have thought you would know the score, if you don't work you don't get paid. Also if someone told me to take unpaid leave I would have starting looking for something else straight away. You are not bound to any contract really, most contracts have a clause where they don't have to give you work and you don't have to accept work either.
    The contract stated that I could be sued unlimited damages if I walked out. I had a zero notice clause (definded as "can't serve notice") they had a 1 week notice clause. I work in IT, I'm not a frickin journeyman plumber/bricklayer. I've worked on large projects in the past with a four week notice clause on either side where the project got canned and everyone got paid four weeks money but were marched off site!

  6. #26

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    Default Wow - such a hotbed of ill feeling I wasn't quite ready for :)

    Quote Originally Posted by Podgy View Post
    Why do you all keep contradicting yourself on this matter!

    One minute stating its a business and the next about no pay for no work by the individual.

    It is based on the business CONTRACT - if the contract has a notice period then it should be paid - unless it states specifically that it is reliant on work being available, timesheets being signed blah blah blah and agreed - and equal to both parties.

    There are many business contracts in construction that do end up paying contractors / workmen whilst they cant work as either the site / materials are not ready - what do you think they do send them home & dont pay them everytime there is a lapse in the project.

    If the notice period excludes payment then the notice period is worthless as the contract can be ended at a moments notice just by saying we have no work, dont come back, but take 4 weeks unpaid notice - it makes absolutely no sense and is totally open to abuse. It would also be totally unfair.

    The regulations are clear. Why are so many of you confused?

    I'm glad someone's on my side - I think I under-estimated how many rude plumbers were on here!! I'm going to put this one down to experience and mae sure all my work contacts avoid both the agent and the client like the plague!

  7. #27

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    Quote Originally Posted by twofront View Post
    The contract stated that I could be sued unlimited damages if I walked out. I had a zero notice clause (definded as "can't serve notice") they had a 1 week notice clause. I work in IT, I'm not a frickin journeyman plumber/bricklayer. I've worked on large projects in the past with a four week notice clause on either side where the project got canned and everyone got paid four weeks money but were marched off site!
    Invoice as normal, chase up when it's overdue and then get a solicitor to write the agent a letter threatening court action if the invoice isn't paid in x days.

    Then start small claims court action yourself the agent will probably settle just before you go to a hearing.

    You don't need a solicitor to start small claims action as it's a waste of money and is easy to do yourself online.

    Regardless if you are right or wrong most agencies won't want their contract terms ruled on by a judge.

    BTW I'm another contractor that was paid notice when a client ended a contract early due to unforeseen circumstances which were not the client's fault.
    Last edited by SueEllen; 28th June 2013 at 20:09.
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  8. #28

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    Quote Originally Posted by northernladuk View Post
    Every contract I have states that payment will only be made with a signed timesheet. It would be pretty stupid not to have that in and I believe is considered the defacto standard.... so no work, no time sheet, no pay... as we have already stated.
    Hmm.. It's true that usually no timesheet == no pay, but surely the time-sheet merely exists to show that you were available for the work during that time even if no work was forthcoming?

    It is, after all, called a timesheet, not a worksheet, and exists to show the time that you have put in rather than the work/tasks, does it not?

    So, I can make myself available at a client's premises from 8am to 5pm on one particular day. I expect a signed timesheet for that day indicating that I was there, ready waiting and willing to work, for 8 hours on that day. Now, if the client has me merely keeping a seat warm for those 8 hours, that's surely their problem and not mine and I should still be paid for those hours? (Similar to how a bricklayer would be paid for being on-site for some number of hours even if the bricks haven't arrived for him to lay).

  9. #29

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    Quote Originally Posted by billybiro View Post
    Hmm.. It's true that usually no timesheet == no pay, but surely the time-sheet merely exists to show that you were available for the work during that time even if no work was forthcoming?

    It is, after all, called a timesheet, not a worksheet, and exists to show the time that you have put in rather than the work/tasks, does it not?

    So, I can make myself available at a client's premises from 8am to 5pm on one particular day. I expect a signed timesheet for that day indicating that I was there, ready waiting and willing to work, for 8 hours on that day. Now, if the client has me merely keeping a seat warm for those 8 hours, that's surely their problem and not mine and I should still be paid for those hours? (Similar to how a bricklayer would be paid for being on-site for some number of hours even if the bricks haven't arrived for him to lay).
    I think you are overthinking this and trying to make a point that is failing badly. Forget theory and add some common sense. No one is going to sign a timesheet off booked against a code/project for 8 hours a day when no work was done.
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  10. #30

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    Quote Originally Posted by billybiro View Post
    surely the time-sheet merely exists to show that you were available for the work during that time even if no work was forthcoming?
    No.

    Think of it as a "time period during which work was performed sheet", which gets abbreviated to "time sheet", which is somewhat more realistic than a "time I could have done some work but didn't sheet".

    One of my early timesheets said on it "I confirm that the hours / days noted above have been worked by the consultant and that the work carried out has been completed to the satisfaction of my company." as standard, which covered everyone for whether there should be payment or not. Note the use of the word "work" in there - no reference to "time" or "time that the consultant could have been working but didn't".
    Last edited by TheFaQQer; 4th July 2013 at 15:06.
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