Instant dismissal

DoubleU_2

I am a contractor and 'have' a contract paying a daily rate with a fixed start and finish date (starting 02/11/2009 - finish 02/02/2010)
My contractually required minimum working hours are 40 hours per week.
During the last week in November (4th week of contract) I was informed (verbally) that I would have to take or make (not sure) 9,5 'unbillable days, effectively turning my 40 hour working week in a 24 hour working week.
On 16th December I was summoned to the headoffice for a 'discussion'. During the discussion, I was assured by both my line manager and a director, that this was NOT about dismissal, which confirmed a previous e-mail in which this statement had already been made. The discussion was polite, and amiable (Line Manager gave me £100.= cash for expenses without receipt, which indicates a certain amount of trust) On Thursday 17th December the agency informed me that I should not return to work and that my services were not required anymore. I immediately sent an e-mail to the agency asking the reasons why, and that I would report for work until this question was resolved. To date I have not received any communication, either verbal or in writing that I have been dismissed, and what the grounds were for my dismissal. In my contract, I have a clause stating that either party will have to give 4 weeks notice to quit. The agency has informed me that the employer does not intent to pay this and that the employer considers this an end to the discussion.
The employer may be not be required to pay me in lieu of notice in case of gross misconduct. However, since I have asked for the reason and no replies have been forthcoming, do I have a claim and if so how do I claim for payment in lieu of notice. I am also still in posession of the security badge, company laptop and blackberry phone. At this moment in time there is a total of £ 506.= outstanding in expenses for which I have claimed but not been re-imbursed, together with 8 days pay (timesheets authorised) I have been blocked from entering further timesheets and expenses. Please advise the actions I can take Help??????

grey_lady

I would be preparing to sue the agency for the outstanding monies and the 4 weeks notice period pay, your contract is with the agency not the client.

Anihilator

Its also worth stating in the first year you can be dismissed at any time for no reason.
The fact you are holding onto equipment etc also prejudices there view as they can easily claim any withheld wages are lien for the items you havent returned.

Tbh your entitled to your outstanding wages and expenses. Return the equipment and demand these. If they are not forthcoming sue them for it.

They dont need to give you reasons etc so you are wasting your time.

happywarmgun

You're right in thinking you are entitled to your payment in lieu-of-notice. Get to a CAB or Solicitor for professional advice.

Uncertain

Anihilator wrote: »

Its also worth stating in the first year you can be dismissed at any time for no reason.
The fact you are holding onto equipment etc also prejudices there view as they can easily claim any withheld wages are lien for the items you havent returned.

Almost any reason.......

Even in the first year there is a right to notice or payment in lieu. You can still make claims for wrongful (as opposed to unfair) dismissal.

Also I think you will find your concept of lien is backwards.

The OP may be able to hold the tools as a lien against the unpaid wages but not the other way round, as the tools are not a liquified debt!!

System

You forget that the OPs contract is with the agency. The agency has the contract with the client. Agency owes the OP money so he/she can not use the client's tools as a lien

grey_lady

'The agency has the contract with the client' - I wonder if the contract between those two also includes a 4 week notice period.

Uncertain

!!!!!! wrote: »

You forget that the OPs contract is with the agency. The agency has the contract with the client. Agency owes the OP money so he/she can not use the client's tools as a lien

Point taken, this does complicate matters.

From a practical point of view I would hang on the items unless legally forced to give them up. Make sure that any agreement is along the lines "if tools are retuned by XXX then payment in lieu of notice will be made on YYYYY" I would insist on a signed receipt if the items are handed over.

DoubleU_2

First of all a harty thank you to all the replies and the advice.
Then some more information. In the time that has passed since my post, I have (like the good boy I am) returned the goods to the client. I have a receipt that all has been received in good order, and the Agency reported to me this afternoon that the money for two weeks work has been released. :T :j. So, now I can afford to do a little more.:rotfl:
This leaves the expenses of approx 506 quid that I incurred as a result of having been sent abroad by the client, together with the fact that I am being denied PILON for which there is a definite clause in my contract, which states that both parties are required to give 4 weeks notice. Since I was liturally barred from the office, I now have to accept that I have been sacked. I complied with all the requirements, such as sending an e-mail (including delivery and 'read receipt' stating that I was available for work and that I would continue working as soon as they would give me access to the premises in which I was supposed to do the work.) So, now I am going to try and claim for PILON. I do not know the process for this, so any suggestions are welcome. Do I need to complete an RP2 form? and if so, where do I get hold of this, and where do I send it, or do I need to send a letter to the Agency first? Help??:o

DoubleU_2

Uncertain wrote: »

Almost any reason.......


Even in the first year there is a right to notice or payment in lieu. You can still make claims for wrongful (as opposed to unfair) dismissal.

Also I think you will find your concept of lien is backwards.

The OP may be able to hold the tools as a lien against the unpaid wages but not the other way round, as the tools are not a liquified debt!!

Thank you Uncertain
I was not holding the equipment as a ransom. I still had them in my posession, because the client company required me to deliver them to the offices I was barred from, and I suggested that they send a courier to my house and collect the item. The reason for this is that the trip to london for the delivery would cost me another 75 quid plus time, which I can use better (like finding another job). The goods have now been returned with a full signed receipt.

DoubleU_2

grey_lady wrote: »

'The agency has the contract with the client' - I wonder if the contract between those two also includes a 4 week notice period.

Hi Grey_lady
Thank you very much for your reply. You are absolutely right, the Agency is the one I should direct my grievances to, since I have a contract with them, not the client of the agency, so to speak. So, sue them I shall! :mad:

BTW, the agency are really smooth operators. They presented everything as if it was coming from the end client, whilst in reality, I should not discuss the matter with the client, since my contract is with the agency! so, Mr. Agency, you better watch out, here I come!!!:p