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Instant dismissal
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Hi guys, too many of you to mention (sorry)
OK. I have prepared the following letter to the agency and intend to send this 'as-is' unless advice for changes is received. Necessary items have of course been 'blanked out'
QuoteRecorded Delivery
Dear Sirs,
Reference: Contract DoubleU – Agency
I refer to our telephone conversation of December 18th 2009 in which you informed me verbally that Client had terminated the contract. I understand this to relate specifically to the contractual agreement between Client and yourself.
You acknowledged during our subsequent telephone conversation on December 22nd 2009 , that I followed our conversation up with an e-mail, informing you that in spite of the termination of the contract between Client and yourself, I would still report for work at the Client’s premises, or wherever the agency may have wanted me to go.
During the same conversation you indicated that Client also informed you that they would not honour payment in lieu of Notice. Again, this refers to a conversation between Client and yourself.
To date, I have not received the required notification in writing as per terms and condition of the contract between The Agency and my representative Company, as per clause 11.3, and that as a result, I wish to confirm that legally, I am still under contract with the agency and that I am ready and still waiting for instructions from the agency.
The Assignment Confirmation Note dated 29th October 2009 (an integral part of the contractual agreement between the agency and my representative company), in conjunction with clause 11.2 and 11.3 in the contract specifically require The Agency to give 4 weeks written notice. As per extract below:
“. . . giving the other party the period of notice specified in the Assignment Confirmation Notice”
AND
Clause 11.3 which states:
“. . . The Agency may upon request from the Client, terminate the relevant Assignment by giving immediate written notice to the Contract Company and by requesting the Contract Company to remove the Contract Company Staff and to terminate the relevant Assignment.”
In addition to this, I point out that the notice period is not cut short because of the contractually agreed end date of 2nd February 2010.
To date, neither my Company, nor myself, have received any notification in writing confirming the termination of the contract.
My lawyers have advised me that, as a result of the above, the Agency has neglected it’s duties under the contract, specifically as mentioned under Clauses 11.2 and 11.3 and the Assignment Confirmation Note.
In view of this, please find attached my invoice for a total of 18 days at the contractually agreed rate of £ XXX.= per day in lieu of notice, counted from (date).
In addition to this, I am also claiming a total of £ xxx.00 in expenses, which I incurred during the execution of my duties under the contract, whilst traveling abroad as per instructions from your client.
I cannot claim these expenses from Client, since their equipment was returned as per your instructions and as a result I cannot log into the Client network to further the claim for the expenses incurred. For your information, the original receipts have been posted to Client at their address in London as required under the contractual agreement between the Agency and my representative Company.
Please note that I require the payment to be made in full, within 7 days from the date of receipt of this letter. If the Agency fails to make the payment, I will have no further option but to take court action in order to retrieve the losses incurred by myself.
Yours faithfully
UNQUOTE
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any suggestions are of course greatly appreciated and very welcome indeed. This letter, together with a copy of the contract and the spreadsheet detailing the claimed expenses and scanned copies of the receipts will be sent out on Friday 5th 2010.
Thanks all for your support and interest and potential advice
DoubleU
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“. . . giving the other party the period of notice specified in the Assignment Confirmation Notice” <<<<< You should list exactly what this says, quote it........
AND
If the Agency fails to make the payment, I will have no further option but to take immediate? court action in order to retrieve the losses incurred by myself.
I would add the above but I also would be a lot more short with them.Not Again0 -
any suggestions are of course greatly appreciated and very welcome indeed. This letter, together with a copy of the contract and the spreadsheet detailing the claimed expenses and scanned copies of the receipts will be sent out on Friday 5th 2010.
Thanks all for your support and interest and potential advice
DoubleU
I wouldn't automatically send copies of the receipts and/or details of expenses until they ask for them/indicate that they will need them (expecting you not to have copies) - asking for them implies a liability to pay - to me anyway.Almost everything will work again if you unplug it for a few minutes, including you. Anne Lamott
It's amazing how those with a can-do attitude and willingness to 'pitch in and work' get all the luck, isn't it?
Please consider buying some pet food and giving it to your local food bank collection or animal charity. Animals aren't to blame for the cost of living crisis.0
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