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I had a Limited company UK contract, with an Agency and worked at their end-client.

After working for a few months, my job was suddenly terminated by the hiring manager (i.e. the end client, no reason given in writing). But she told (in writing ) that - they will be paying for the notice.

But in later email, the hiring manager told that (possibly trying to save money as I have left)- they have only 2 week's notice on contract (whereas in my contract it's a full 1 month notice)

I recall that - just before joining, they increased the Notice period duration and made me to sign it, at the last minute.

Furthermore, no amount was paid, after I left, (not even for the 1/2 month) The Agency will be now more concerned about their relation with client than asking for my money..

What are the employee's legal rights in such a case? Can I send a invoice to Agency for the full 1-month notice period?

Question- If we take into account the whole 1 month's pay then the claim is for more than Small claims court’s 10K limit. But 1/2 month’s amount is within Small claim track’s 10K limit.

So if they dispute for this whole month’s invoice due to half months worth additional amount, will I be able to access Small claims track?

While working there I was getting paid weekly, so could I raise separate weekly invoices for 1 month notice? Thanks a lot

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    Was your contract with the agency? Do you have a copy of it? Does it specify a 1-month notice period? Did you work out the notice period? (It seems not.)
    – David Siegel
    Commented May 29, 2019 at 15:37
  • I'm voting to close as unclear, because nobody can answer without knowing who the actual employer was, and probably the rest of David's questions as well.
    – Tim Lymington
    Commented May 29, 2019 at 15:56
  • Client (as per their tradition of randomly firing staff) let me go and told that- you can go and we will pay for your notice. But later client itself changed their mind and wrote that from their side they only need to give notice of half month (not written so in contract) but from my side its 1 month! End client itself is manipulative..
    – user6176517
    Commented May 29, 2019 at 18:28
  • @user6176517 Did you agree to the half month thing?
    – Putvi
    Commented May 29, 2019 at 19:33
  • @Putvi No. I haven't agreed to it
    – user6176517
    Commented May 29, 2019 at 22:11

3 Answers 3

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Ignoring the merits and complications of the case: if you claim more than the limit when you file you can’t use the small claims track, if less, you can.

You can only go to court once for any given event and you are required to bring all the issues you want resolved. So whether you claim for the whole month or individual weeks is irrelevant.

If they were to pay you some money then your dispute is only over the balance and it is that value which will determine if you can use the small claims mechanism.

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  • +1. But just to clarify: it is OP's choice whether, if and and when he goes to court, he sues in the small claims court for the 2 weeks promised but not paid (writing off the rest) or in the County Court for the full month 'due'.
    – Tim Lymington
    Commented May 30, 2019 at 11:12
  • One of the rules of Small Claims is that you are not allowed to reduce your claim to get under the £10,000 limit. So if you are actually owed £12,000 you can't put in for £10,000 to get into Small Claims. Anyway, for >£10,000 its worth going to a solicitor.
    – Paul Johnson
    Commented Jun 2, 2019 at 10:50
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Obviously you should start by sending an invoice for the 1 month that you believe you are owed. Hopefully they will just pay it. If they don't then write a letter ending with something along the lines of "Unless you pay within 2 weeks I will be forced to take legal action to recover this money."

If they still don't pay then you have to consider legal action. For an amount over £10,000 you can't use the Small Claims track, and you can't claim a lesser amount in the hope of sneaking your way in to Small Claims. So at that point you need to talk to a solicitor (and above £10,000 a solicitor is worth paying for anyway).

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  • To start with I have sent them 5 invoices for the month broken down in week's denomination. Lets see how it goes.
    – user6176517
    Commented Jun 3, 2019 at 11:37
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Depending on the nature of your claim, the appropriate route for a claim like this may be filing a claim with the employment tribunal.

An employment tribunal claim is relevant for when employees rights are concerned.

However, it appears on your question that this is a simple debt matter, and therefore suitable for a claim for money in your local county court money claims centre.

It is important to note that it isn't you who allocates your case into the small, fast, or multi-track, this is done by the court. What determines which track your case will be allocated to depends largely on the financial value of the claim, also on the nature and complexity of the claim.

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