Notice period

[DistressedProgrammer]

Hi, i am an IT freelancer, and last year worked for an end client with a 2 week notice period clause in my contract. I used my own limited company, and was contracted to an agency, who then subcontracted me to a software consultancy. I worked at the offices of the consultancy's client.

With approx 1 month to go of my terms, the role was going well and i was a valued member of the end clients team, and designed and programmed an excellent piece of software which gave rise to thousands of pounds of savings for the end client. I mentioned a few times to the Project Manager that my contract expriry date was in Dec, and he sent me and the consultancy an email around mid October saying that, and i quote "[i] should finish up on [date around mid november]". I dont want to give too much away as the wrong person may read this !.

Now, with 1 week to go on the project there was still a chance of further work, but on the Tuesday of what was to be my final week at the end client, i was informed by the end client that there was no more budget for my current project, and therefore i was to finish at the end of the week. Although it was not my responsibility to do so, I called my agent and informed him of the situation as i wanted to be honest and not make it look like i was trying to screw the agency of the 2 week notice period. There was a serious lack of communication between the consultancy and my agent, and the email indicating a potential finish date by the end client was not propagated "up the chain" to my agent. Therefore, i made sure i was above board and honest, although i knew that with 1 week to go of the project i would be due 1 week of notice pay even though iwas not to be on site for the last week of the terms, had the agency terminated immediately.

Teh agency waited for 1 week, after my work had expired with the end client/consultancy, and then sent me an email indicating the invokation of my notice clause. They then refused to pay the 4500 owed as a result of my late termination, and i am currently involved in a small claim against teh agency. The agency is saying that

a)i was given notice by the end client
b) that i need to have a signed timesheet, signed by the end client to be paid.

My response to this is

a) The end client cannot legally give me notice as my contract is with the agency
b) it is impossible for me to get a signed timesheet as there was no more work at the client site, and it would have ben embarrassing all round for me to turn up at the client site with a timesheet and demand that the end client pay for work that i have not done.

The above is the basis of the agencies defence, and they have created a frighteningly worded defence document, full of legalese. I dont really have the cash to pay a solicitor and was wondering what to do next. AM i entitled to call the defending agency and try and settle out of court ? Should i pay a solicitor to create an experts report on my behalf ? SHould i simply go to the CAB ? I believe i have been treated in a grossly unfair way, and want justice.

[bwglaw]

given the technical issues involved you need to seek specific legal advice and all documentation will need to be examined. I have handled similar cases and they are not simply black and white where an Agency and End User is involved. In such cases I always bring a claim against both and argue in Court who should be liable.

I am happy to give free initial advice by email if you contact me at the address below