Employment Lawyers Can Answer Your Employment Law Questions
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.
my question is as stated - my contract terms with the agency state I get 28 days notice
They have subsequently said this was a mistake and should have been 14 days notice
as 14 days notice is all the 'end client' will pay them
but my contract is with the agency and not the end client
Do you have the 28 day notice clause in writing?
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
supposedly to protect them from the end client going bankrupt
but nothing in what I have signed or seen states this
and no reference to this in the contract I have signed with them
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
OK but have you come across this situation before? Particularly with agencies placing 'day-rate' contractors?
reason I ask is that another 'agent' has also indicated this
eg that agencies do have an 'overriding' term with end clients
for this situation
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
OK fair enough
so if I needed some kind of letter from a solicitor to underline this discussion - is that possible?
yes but you would need to instruct a solicitor formally - we cannot act for you as this is just a Q&A website
I don't think they are going to pay up without some prompting so to speak
is it possible to get a transcript of this conversation
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.
Is there anything else I can assist with in relation to this?
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