Employment Lawyers Can Answer Your Employment Law Questions
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.
In short the agency have not cme back to me to explain this yet.
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.
Hi Ben, did you get the info I sent?
Cos I did not receive your answer.
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.
Sorry got it now.
thanks for your answer Ben.
you are welcome