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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44911
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have been working via an employment agency as a day-rate

Customer Question

Hi

I have been working via an employment agency as a 'day-rate' contractor and my contract was terminated early by the end client. My notice terms with the agency state I should get 28 days notice however the agency are saying this is mistake and should have only been 14 days and as such will not honour the 28 days notice

Is this allowable?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what is your specific question.

JACUSTOMER-d4gr7lhc- :

Hi Ben

JACUSTOMER-d4gr7lhc- :

my question is as stated - my contract terms with the agency state I get 28 days notice

JACUSTOMER-d4gr7lhc- :

They have subsequently said this was a mistake and should have been 14 days notice

JACUSTOMER-d4gr7lhc- :

as 14 days notice is all the 'end client' will pay them

JACUSTOMER-d4gr7lhc- :

but my contract is with the agency and not the end client

Ben Jones :

Do you have the 28 day notice clause in writing?

JACUSTOMER-d4gr7lhc- :

yes

JACUSTOMER-d4gr7lhc- :

their contention is they have a contract with the 'end client' which supersedes this one which states that they don't have to pay the worker if the end client is not paying them

JACUSTOMER-d4gr7lhc- :

supposedly to protect them from the end client going bankrupt

JACUSTOMER-d4gr7lhc- :

but nothing in what I have signed or seen states this

JACUSTOMER-d4gr7lhc- :

and no reference to this in the contract I have signed with them

Ben Jones :

If you were issued with a contract and it contained a clause entitling you to 28 days' notice, then that would be legally binding and the agency cannot just say it was an error and expect to be able to rely on this argument to force through the reduced notice period. If they are trying to rely on other terms which you have not seen or had mentioned, then that would be difficult for them to do. All that you are concerned is would be the contract that you have with the agency. Any other agreement(s) that they wish to rely on and include in this would need to have been referenced in the contract you have, or you would have at least need to have been made aware of these at some point.

As this is now a purely contractual dispute you may wish to consider pursuing this through the small claims court if you have no success in persuading the company to meet their contractual obligations and pay you as per your contract

JACUSTOMER-d4gr7lhc- :

OK but have you come across this situation before? Particularly with agencies placing 'day-rate' contractors?

JACUSTOMER-d4gr7lhc- :

reason I ask is that another 'agent' has also indicated this

JACUSTOMER-d4gr7lhc- :

eg that agencies do have an 'overriding' term with end clients

JACUSTOMER-d4gr7lhc- :

for this situation

Ben Jones :

personally, no but there are literally thousands of contracts that could apply to such situations so each could have its own separate terms. the issue still comes down to basic contractual law though

JACUSTOMER-d4gr7lhc- :

OK fair enough

JACUSTOMER-d4gr7lhc- :

so if I needed some kind of letter from a solicitor to underline this discussion - is that possible?

Ben Jones :

yes but you would need to instruct a solicitor formally - we cannot act for you as this is just a Q&A website

JACUSTOMER-d4gr7lhc- :

I don't think they are going to pay up without some prompting so to speak

JACUSTOMER-d4gr7lhc- :

oh ok

JACUSTOMER-d4gr7lhc- :

is it possible to get a transcript of this conversation

JACUSTOMER-d4gr7lhc- :

?

Ben Jones :

I suggest you simply copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary. You may also click on Save & Exit and that will save the conversation in your account on here.

Ben Jones :

Is there anything else I can assist with in relation to this?

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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