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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a contract that states 4 weeks notice with my agency

Resolved Question:

I have a contract that states 4 weeks notice with my agency but they seem to have had the incorrect contract with the employee.
They are stating they are paying only 2. Is this legal?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you mean the incorrect contract with the employER?
Customer: replied 10 months ago.
My contract is with with the agency and no one else. They should have had the same contract in place with the actual employer but messed the paperwork it seems and have only 2 weeks direct with the actual employer
Expert:  Ben Jones replied 10 months ago.
Would you accept not working the 4 weeks but still being paid for it?
Customer: replied 10 months ago.
Yes, the agency are stating the Master Contract is with the agency and it's 2 weeks paid and not 4
Expert:  Ben Jones replied 10 months ago.
Did you ever have sight of that contract?
Customer: replied 10 months ago.
Even though my contract is with the agency only
Customer: replied 10 months ago.
No only my contract with the agency
Expert:  Ben Jones replied 10 months ago.
Did your contract mention anything about it being subject to the Master contract with the employer?
Customer: replied 10 months ago.
Nope
Expert:  Ben Jones replied 10 months ago.
As far as your legal rights are concerned these will be determined by the contract between you and the agency. As far as you were aware, and in accordance with that contract, your notice period as 4 weeks. This is what you are contractually entitled to receive n termination. The agency may have had a different contract with the employer and had a shorter notice period, but that does not automatically overrule your contract with the agency. The master contract is not part of your contract and as such any errors in it would be for the employer and agency to resolve. You still have your own contract with the agency and that is what you can enforce ad pursue if needed. It may be that due to the shorter notice period in the master contract the employer does not allow you to work there for the 4 weeks and only pays the agency for the 2 weeks. You could then still pursue the agency for the remaining 2 weeks pay if necessary. This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow if they do not pay you as per contract and how to pursue what you are owed, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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