Employer ended contract with no notice,where do i stand?

Employer ended contract with no notice,where do i stand?

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fred flange

Original Poster:

449 posts

222 months

Friday 17th September 2010
quotequote all
Where do i start,i was working as a self employed sub contractor for an agency on a placement at a farm last year on a 12 month when i was injured in an RTA, off work for 3 months, saw the farmer on a friday said will be back at work on the monday,now on the sunday evening the agency phoned me up telling me not to return to work as the farmer did not think i was fit to work(was signed off fit to work by 2 doctors and was more than happy that i was capable to work),3 weeks later i was placed elsewhere by the agency doing temporary work with other farmers.
Now on my contract i should of recieved at least 8 weeks written notice and was also owed 9 days holiday according to them,i have never recieved any written or verbal notice and am about to seek legal advice as this has gone on long enough.
Am i entitled to claim the 8 weeks and 9 days owed plus interest as it has been 6 months now or can i claim for the whole outstanding 6 months that was left on the contract? and can anyone recomend a good employment solicitor.

Greenie

1,830 posts

242 months

Friday 17th September 2010
quotequote all
You need to clear some points up from you post.

For start it says you were a self employed contractor through an agency. As such you have no employment rights or entitlement to holiday pay from the Farmer.

Did you then have a contract to supply services? Was this with the agency? What were the terms of this agreement? Did the agency pay you?

From what it appears you have said you have no rights to any payment from the farmer as you were neither employed by them or have a contact to supply services with them. Also holiday pay is usually included in the hourly rate if you are working via an agency.

Having a contract with an agent with 8 weeks notice would be very unusual but if that is the case you might be able to make a claim for breach of contract with the agent for your loses. Given that you are working again for another farm these are unlikely to be very large.

fred flange

Original Poster:

449 posts

222 months

Friday 17th September 2010
quotequote all
Greenie everything you asume is correct no contract with farmer just the agency, holidays owed has been calculated on days worked by me by the agency (contracted to work 280 days).
8 weeks notice is written in the contract between me and the agency they have one between themselves and the farmer.My area manager told me i would have to take them to court and thewy would take him,to recover owed monies,is this normal practice? Just want my 8 weeks notice and 9 days holiday!!

Greenie

1,830 posts

242 months

Friday 17th September 2010
quotequote all
It appears the farmer doesn't owe you anything directly.

As it appears you are still working for the same agency for another farm I don't think they owe you anything either as they are still supplying you work.