richardh
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| posted on 16/2/10 at 04:27 PM |
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any lawyers out there?
I'm self employed via an agency, working on a client site. I have a 4 week notice period after just having been extended by another 3 months.
Client has today said they want to terminate but go down to 2 weeks notice!
Agent suggested i come to a deal as i wanted to leave too and i offered a reduction to 3 weeks notice with me only doing 5 days of a handover!
Now said client comes back with only wanting to pay 2 weeks and me on site for all of it!
I've now said no and gone back to my 4 week notice period as per contract and have said i'd work it.
They now don't want this either!
Anyone know where this leaves me?
Ta Rich
Time for a change!
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richardh
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| posted on 16/2/10 at 04:43 PM |
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i should add it was always my intention to work the notice unless they wanted me not to!
not sure of the legality of me being on site if they are threatening legal action?
seems odd to me to have me in if that were the case.
Time for a change!
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BenB
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| posted on 16/2/10 at 04:44 PM |
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All depends what's in the contract. Doesn't matter what anyone wants, just what's stipulated in the contract. The recent
negotiations are all irrelevent unless they're written down....
that's my interpretation of it anyway based upon my dealings with employment law in my workplace....
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Steve G
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| posted on 16/2/10 at 04:49 PM |
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So long as your contract is solid, then they have to honour it - otherwise they are in breach of contract. If they dont want you on site then they
simply pay you in lieu of notice.
Guess it depends on if you need references / can they affect your future prospects as to how you push it.
Have a read of
this
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mookaloid
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| posted on 16/2/10 at 04:49 PM |
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I'm not a lawyer but I would suggest that the contract wording is key here. If they terminate within the terms of the contract, then offer you a
new one, it's up to you whether you accept it or not.
The only time you can really argue with this is if you can demonstrate that you were really employed. - i.e. you went to work when they said, it was a
full time position, you got paid a fixed amount per month or week. etc.
If you are working through an agency then it's unlikely that you can prove that you were actually employed and then it's down to whatever
it says in the contract and the natural laws of supply and demand.
so either leave because you are not happy with the new contract offered and if you are indispensable, they will offer to bring you back as before, or
negotiate the best deal you can whilst looking for something else.
Good luck
Mark
"That thing you're thinking - it wont be that."
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richardh
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| posted on 16/2/10 at 05:15 PM |
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cheers, my contract extension officially started on the 5th Feb (already done 6 months prior to that date)
so i'm into my 3 month extended bit by 6 days officially (was on a days leave yesterday and off with flu today)
so looks like they are breaking the contract themselves!
Time for a change!
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thunderace
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| posted on 16/2/10 at 06:11 PM |
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anything they say or ask you!
tell them they must put it in writing only for you to read over please.
then they cant move the goal post at will.
verbal is worth nothing its just hear say and you wont have any proof of anything.
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plentywahalla
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| posted on 16/2/10 at 06:15 PM |
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Crap agency!! ....
.... If yhey can't sort this out for you!
What are they doing for their 10(?) %
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richardh
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| posted on 16/2/10 at 07:10 PM |
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doubt they want to rock the hand that feeds!
i fail to see how they can expect me in and also want to go legal route
Time for a change!
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Steve G
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| posted on 16/2/10 at 08:18 PM |
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I'd speak to ACAS to be honest as its clear the agency arent going to help you for obvious reasons as you say.
ACAS
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James
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| posted on 16/2/10 at 11:18 PM |
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I believe the PCG (Professional Contractors Guild) has a very good forum.
My Dad uses it a lot. Worth asking there IMO.
Cheers,
James
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"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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stevebubs
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| posted on 17/2/10 at 12:43 AM |
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quote:
Originally posted by plentywahalla
.... If yhey can't sort this out for you!
What are they doing for their 10(?) %
If he's a contractor, it's very likely to be >10%....
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Ninehigh
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| posted on 17/2/10 at 09:22 AM |
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If the contract says 4 weeks notice they have to pay you 4 weeks whether they want you to work it or not. Shove the contract in their face and tell
them to stfu, it's the law. Oh make sure you've signed it though...
It's amazing how many companies couldn't give 2 poops about the law isn't it?
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