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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have a Limited company as an IT consultant. I am also

Resolved Question:

Hi, I have a Limited company as an IT consultant. I am also an actor and never hide the fact that I need to leave jobs sometimes at short notice but always give at least 7 days notice. I signed a contract with an Employment agency and when reading the contract mistakenly assumed that the 7 day's notice period applied to the Client also applied to me. Unfortunately after handing in my 7 days notice, 3 weeks into the contract, I was told by the agency that they will be holding me to the 28 days notice and there would be financial penalties. I am waiting to hear from agency what that will mean, but as I haven't been paid yet, as I'm on a monthly salary, I'm worried I will not be paid at all. Where do I stand and what are my options please?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What losses has the agency suffered as a result of this?
Customer:

Hi Ben, well after speaking the Client I worked for they had already planned to advertise my role as a permanent position. Therefore, with this in view have decided they will not need a contractor after all, whilst searching for a permanent candidate.

Customer:

In short the agency have not cme back to me to explain this yet.

Customer:

I suppose they will have lost the income from me being there for 3 months. But there was no guarantee that I would be needed for those three months after all. As it stands I am giving them 7 days notice instead of the 28 days stated in the contract.

Customer:

Hi Ben, did you get the info I sent?

Customer:

Cos I did not receive your answer.

Ben Jones :

Thank you. If you have not given them the required notice period as per contract then you would have been acting in breach of contract. That would enable the employer top consider pursuing you for any losses they have incurred as a result of this. They cannot penalise you and just impose some kind of penalty for this – they can only pursue actual and genuine losses incurred as a result of your actions. So whatever they want to pursue you for they would need to justify as being an actual loss they have suffered as result of you not giving them the required notice.

In terms of the pay you are owed, they will still have to pay you what you are due. They cannot offset money you owe them against what they owe you unless there was a specific contractual clause allowing them to do so. Also even if that was the case, they will only be able to offset these genuine losses, not keep the whole pay you were due.

Customer:

Sorry got it now.

Customer:

thanks for your answer Ben.

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45376
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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