derogated contract
Discussion
I work for a British manufacturer who has decided to let a lot of agency workers go.
I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
4 week notice period means they have to give you 4 weeks notice of continuing work before turning off the pay tap.
Only if they are feeling really nice will they give you Pay In Lieue Of Notice (and you stop work same day), or put you on Gardening Leave (Pay you during the notice period but not require you to work).
Jim
Only if they are feeling really nice will they give you Pay In Lieue Of Notice (and you stop work same day), or put you on Gardening Leave (Pay you during the notice period but not require you to work).
Jim
Thesprucegoose said:
Basically if I leave early I forfeit the payment.
So the same as almost everyone with a notice period, not quite sure why you are objecting to working for a period that they are paying you, 4 weeks notice means just that, notice of intent to end the arrangement, same as if you resigned and gave 4 weeks notice you can't just walk out.OscarIndia said:
Sounds fair, they have given the correct notice period and will pay you accordingly.
They are under no obligation to just give you money for not working.
I'm sure if you found another job they would not stand in your way from leaving early.
The thing is they for some and not others just seems unfair.They are under no obligation to just give you money for not working.
I'm sure if you found another job they would not stand in your way from leaving early.
t, of course there isn't that. Thesprucegoose said:
OscarIndia said:
I just can't see how it is unfair, they are keeping to the contract.
the whole point of derogated contract is we sacfifice the parity pay for a pay off inbetween contract, getting us to work without a payoff just seems underhand.This isn't something I've had to get involved in, but here is my understanding of this stuff:
I think the issue here is that the nominal purpose of a derogated contract is that you get paid at least a certain amount "between" jobs.
But your derogated contract is with your agency, yes? So you're not between jobs until you finish this one, which your notice is the, err, notice for.
While the business you are working at may choose to get people to leave immediately while still being paid their notice period, that is their choice for their reasons (need to immediately meet a headcount metric etc), and they have not chosen to do so for you - you should work your notice period, and it's completely reasonable for them to say you won't be paid if you don't.
Once you stop working there, then you are between the assignments your agency arranges for you, and the derogated contract you have with the agency means they should pay you a certain amount until your next one.
Aren't contracts like this being knocked on the head at the end of this financial year?
Corrections from people who actually understand this stuff are invited!
I think the issue here is that the nominal purpose of a derogated contract is that you get paid at least a certain amount "between" jobs.
But your derogated contract is with your agency, yes? So you're not between jobs until you finish this one, which your notice is the, err, notice for.
While the business you are working at may choose to get people to leave immediately while still being paid their notice period, that is their choice for their reasons (need to immediately meet a headcount metric etc), and they have not chosen to do so for you - you should work your notice period, and it's completely reasonable for them to say you won't be paid if you don't.
Once you stop working there, then you are between the assignments your agency arranges for you, and the derogated contract you have with the agency means they should pay you a certain amount until your next one.
Aren't contracts like this being knocked on the head at the end of this financial year?
Corrections from people who actually understand this stuff are invited!
Thesprucegoose said:
I work for a British manufacturer who has decided to let a lot of agency workers go.
I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
Mtfu .I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
Thesprucegoose said:
I work for a British manufacturer who has decided to let a lot of agency workers go.
I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
Goodwill works both ways. As an employer I wouldn't want someone working for me who is obviously pissed off with the situation. People can seriously harm and damage your reputation as a company without being actively malicious. I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
They would be better letting you go on gardening leave IMO but it seems they have other ideas.
Bit of an update.
So I emailed on the 9th September i accepted that as the date of termination,expecting a PBA as entitled for.
Two weeks later I recieved a letter saying I was going to get my PBA.
The first payment date came and nothing recieved.
I emailed the agency; they say its a mistake to send me the letter and that they took the 6th as the date i decided to finish and therefore nothing owed as it as my choice. I advised that I didn't want to work 4 weeks’ notice etc but still owed PBA.
I have raised an ACAS case as they won't pay, but is it worthwhile. I have not recieved any termination letter or conformation, a P45 etc. It is 250 quid a week over 4 weeks,so not a lot but would help.
So I emailed on the 9th September i accepted that as the date of termination,expecting a PBA as entitled for.
Two weeks later I recieved a letter saying I was going to get my PBA.
The first payment date came and nothing recieved.
I emailed the agency; they say its a mistake to send me the letter and that they took the 6th as the date i decided to finish and therefore nothing owed as it as my choice. I advised that I didn't want to work 4 weeks’ notice etc but still owed PBA.
I have raised an ACAS case as they won't pay, but is it worthwhile. I have not recieved any termination letter or conformation, a P45 etc. It is 250 quid a week over 4 weeks,so not a lot but would help.
Thesprucegoose said:
I work for a British manufacturer who has decided to let a lot of agency workers go.
I'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
Why is it the payment is in Lew of notice as it you are getting paid as you have not been given notice of terminationI'm on a derogated contract but they are saying they have given me 4 week notice of termination, that I will have to work these weeks instead of the payment that you usually get but finish straight away.
It just seems wrong to me.
You don't get 4 weeks notice and 4 weeks pay
The fact you chose not to work means you have effectively quit your job so as such not entitled to anything
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff