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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was contracted to work through a 3rd party

Resolved Question:

Hello.
I was contracted to work for IBM through a 3rd party agency. On Christmas eve I was informally told that my services were no longer required and I wouldn't receive any money in Lieu of notice as I had booked time off for Christmas. I didn't receive this in writing until a week or so later and then it was incorrect as it stated 2 days as opposed to 2 weeks. I informed them of this and they said it didn't really matter as I wouldn't be getting paid anyway, as my contract stipulated that I was employed on an 'as needed basis' and if there is no work for me, they aren't under any obligation to pay me. They did however admit that I was correct, my notice period was two weeks, not two days I have scoured my contract from back to front and also looked at an additional contract schedule and can see no mention of this. I have a chain of emails that support my contention that I am owed 2 weeks money or at least one. I would obviously need to supply you with the contract, schedule and emails to clarify this. I used an umbrella company for my invoicing purposes, but they aren't really party to the contract other than being my representatives. Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve - just get paid for the notice period?
Customer: replied 1 year ago.
Hello Ben,
yes, really. £1500.00 or £3000.00 depending whether it's one week or two
Expert:  Ben Jones replied 1 year ago.
Thank you. It can be difficult to determine any notice pay for such arrangements because you may have been employed on an ‘as needed basis’ with no guarantee of work or pay. This means that the employer could have left you with no work for as long as they wanted to, including the full duration of your notice period. It would be more difficult for them to argue that no notice pay should be due if you had already pre-booked work with them, which they cancelled to issue you with notice. So there is no guarantee that you will be due the equivalent of 2 weeks’ full pay if you did not have any guarantee of work and no work was booked in for the duration of the notice period. What usually happens in such circumstances is that if no agreement can be reached between the parties, the matter may end up in court and it will decide what is a reasonable notice period to pay you for. However, that can vary depending on who hears the claim as each judge can have a different interpretation and opinion as to what is reasonable in these circumstances. So yes, you can pursue them for the notice pay but there is no guarantee it will be what you are asking for and only a court can decide what should be reasonable in such circumstances. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further in the event the employer refuses to pay, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Hello Ben,
as I say, I have scoured the contract and can't see anywhere and mention of being employed on an as needed basis. Would you mind having a brief look, please?
Expert:  Ben Jones replied 1 year ago.
Clause 1 of the contract - you are employed on an 'when-needed basis'
Customer: replied 1 year ago.
Nuisance, thanks anyway.
Expert:  Ben Jones replied 1 year ago.
You are welcome, sorry it may not be what you ere hoping for. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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