Invoice for Termination Notice

[BakedalaskerisBack]

Hi guys,

I was a self employed contractor for an Agency who hired me out to their client. I started in November 2019 on a 3 month contract ending 31 January 2020. A week before this contract ended I was offered another contract to the 31st May 2020. A week into the new contract they gave me 4 weeks Ternination Notice as they had found a permanent employee to do my work. A week later after I had done my hanndover to the new employee they gave me Immediate Notice.

According to my Termination Notice my final day would have been the 5th March 2020. I have invoiced them up to that day but the Agency will only pay me up to 14th February 2020. I was handed 4 week termination notice on the 4th February 2020.

Now the DoH have used a clause in my contract that says I am "Unsatisfactory". They have sent the reasons for me being Unsatisfactory to my agent. Now the reason they point to happened before they offered me a new contract. So if I was unsatisfactory why offer me a new contract? Also I would question each reason being untrue and I have enough evidence to prove that.

The situation at the monent is I have invoiced the Agent my 4 week termination. They claim they have gone back to their client but they have not had any feedback. So I have gone to ACAS to mediate a solution for this. That is where I am with this at the moment

Going forward I'm expecting ACAS to comeback to me without a solution as I know the agency will want me to go to a Tribunal. If I was to win my case at Tribunal then they will be able to claim against their client. Without that they can pnly offer me a payment up to 14th February as that was my last day. So my advice I'm seeking here are:

1. If I went to Tribunal and lost would I have costs enforced against me from the Agency?
2. Anyone think i have a strong case?
3. I intend doing this LIP. Sayinh that I'm willing to pay for a good solicitor if I have a good chance of winning.

Any advice will be much appreciated.

[ULA]

If you are really self employed then I am not sure you can use the Tribunal for your case, you need to be an employee or at least have a contract with an agency and be considered to be an agency worker. *

*

[BakedalaskerisBack]

Hi and thanks for your reply. I do have a contract with the agency and it is them I am challenging.

My issue though is with their client who have instigated all this. I have spoken to the agent and they have told me I need to go through a Tribunal and if I win it will allow them to chase their client for reimbursment.

[ULA]

Do you invoice the agency for the work that you do on a weekly/monthly basis or do you complete a timesheet that is signed by the company you are working for and then against that the agency pays you?*

Who is responsible for your tax and NI is it you or the agency?
*

[BakedalaskerisBack]

I enter my time on the clients system. I then invoice the agency at the end of each month. Once the client has signed off my time the agent will pay me.

My timesheet was updated to the 14th Feb 2020. I was then kicked off their system. So therefore I could not complete my time from the16th Feb to the 5 Mar which was my 4 week termination date.

I am responsible for my tax which I have an accountant to deal with it.

[ULA]

If you are responsible for your own tax and NI then you are, as you say, potentially self-employed (there are many other factors that need to be met to prove self-employment) and if you are invoicing the agency for payment of services to the client,* I am still very unclear as to how the agent can advise you to make a claim in an employment tribunal.

I would suggest the best thing to do would be to contact ACAS on 0300 123 1100 tomorrow to see whether you can in fact make a claim.*

[BakedalaskerisBack]

I've already done that and ACAS are stepping in to mediate a solution with the Agency. I have spoken to a couple of reps from ACAS and my understanding is that as I have a contract with the Agency so they are the guys I would take to tribunal. First of all I would need a Certificate from ACAS to take the agency to a tribunal if a solution cannot be found.



*

[ULA]

So long as ACAS believes that the relationship you have with the agency is one that supports being able to make a tribunal claim, then the initial stage as you say will be early conciliation. If that fails then you will be issued with a certificate and can proceed to submit the ET1 to the tribunal.*

Have they suggested what type of claim you will be making.

[BakedalaskerisBack]

I dont recall them saying what it will be if the early conciliation fails. I just want my 4 week termination to be honoured as according to my contract.

[ULA]

If the early conciliation fails then you will be provided with a certificate to "prove" that you have been through that process. You would then need to submit an ET1 to continue with your claim to a tribunal.* In the ET1 there is a question that requires that certificate number to be provided.