Notice periods and pay... agencys and umbrella companies

[Russe11]

At the end off the working week 2 weeks ago I was informed that my services where no longer required at my place of work.

I was there through a agency paid via a umbrella company

As I was there for 6 weeks I understand my notice period is one week, should I be entitled to be paid for this week ?

[caledfwlch]

Usually when your employed through an agency, they can tell you to go at any time with no notice, and you can walk out at any time.

[Russe11]

Yeah if thats what the contract says, however I was employed/piad through a composite company.

Contract says along the lines of -

less than 1 month, no notice required
1 month - 3 months, 1 weeks notice
more than 3 months, 1 months notice

but does this entitle me to be paid for the weeks notice whether I worked or not is the question - furthermore I was not supplied with any work to do.

[Ell-enn]

Hi there, If you were issued with a contract with the notice terms you posted then you should be paid in accordance with that.

Have you been told you'll be paid any differently?

Kind Regards

Ell-enn

[Russe11]

I have not been told anything, no pay turned up in my account this week so I guess i'll have to chase them up.

I was not given notice, however at the time I just assumed that I would be paid in accordance to my contract terms with having to kick up a fuss and refer to the relavent terms. Maybe at the time I should immediatly contacted them asking about my pay in lieu of notice.

A term in the contract says for the weeks notice period says along the lines of any holiday entitlement owed will count as part of the notice period pay.
From what I understand that it not inline with

Section 88(1) of the Employment Rights Act 1996

So I guess i'll have to make that clear as well.

[Ell-enn]

You can opt to take holidays as part of your notice period, but your employer cannot force you to. If they do not want you to work your notice period then you should be paid in lieu.

I should certainly go and see them and ask exactly what you are going to be paid and how it is calculated.

Let us know what they say.

Best Regards

Ell-enn
If I have been helpful please feel free to tip my scales

[Russe11]

All I have been promised is that they will get back to me so am giving them 48 hours before chasing them up even though I was told that they would call the following day.

If a term of the contract is that you opt in to take holiday pay during notice periods. Is this a unfair/wrong term of somthing I just have to accept and i'm only owed the difference ?

[Ell-enn]

Hi there, lets wait and see what they come back to you with and take it from there. They may have made a mistake.

Kind regards

Ell-enn

[Russe11]

Mistakes... generally over the years I have found there are those that work to the rules and those who do what they like and don't give you your full rights unless you ask, hassle, pester and get serious.

[Russe11]

7.2 The length of prior written notice that the company must give you in order to terminate your employment is:

a) one weeks notice if you have been continuously employed for less than two years; and the

b)......

7.3 The Company may, at its absolute discretion, require you not to attend work and/or not to undertake all or any of your duties hereunder and/or not to contact any of the Company's clients, during any period of notice (whether given by the Company or you), provided always that the Company shall continue to pay your salary and contractual benifits. For the avoidance of doubt, there is no obligation on the Company to provide you with any work during any period of notice and you will not be entitled to work on your own account or on account of any other person, firm or company during that period.




That what is says so what exactly does that mean ?









this is what it says in

[Ell-enn]

Originally Posted by Russe11

provided always that the Company shall continue to pay your salary and contractual benifits.

If that's what it says in your contract then you should be paid for any notice period whether you work it or not.

[Russe11]

Good, as I thought.... guess i'll have to write a letter stating the above and see what the responce is