Contract terminated without reason

[goldilockz]

Thanks all. This being my first contractor role, I wasn't sure how it worked. Seems like having a 24 month contract is hardly worth anything when they can dismiss you at any time, hence why I was a bit miffed. Perhaps I just need to take it on the chin and move on. Cheers.

[northernladuk]

Correct.

[NotAllThere]

Your final salary contribution? You're a service provider - work has dried up hence they no longer need you to provide the service.

I don't get what the issue is? Notice clauses are of no benefit to you seeing as largely there is no obligation to provide work and if you don't work you don't get paid. ...

He mentioned gardening leave if the client was unable to provide work. A bit odd, but possibly a way of getting redress. With that clause, they may have some onus to demonstrate some kind of "just cause".

It might, in this instance, be worth talking to a lawyer experienced with contracts and contractors.

[MrMarkyMark]

He mentioned gardening leave if the client was unable to provide work. A bit odd, but possibly a way of getting redress. With that clause, they may have some onus to demonstrate some kind of "just cause".

It might, in this instance, be worth talking to a lawyer experienced with contracts and contractors.

Could be, but I bet a clause about under performance trumps it.
In fact it's one of the best ones for them to use.
I know about a client that always uses this if they decide that don't like you.
Their contracts have 4 weeks notice, they never pay it

[goldilockz]

Could be, but I bet a clause about under performance trumps it.
In fact it's one of the best ones for them to use.
I know about a client that always uses this if they decide that don't like you.
Their contracts have 4 weeks notice, they never pay it

The thing is, there is no way to prove i've been under-performing as I haven't! Don't they have to prove this in order to use it?

[ASB]

The thing is, there is no way to prove i've been under-performing as I haven't! Don't they have to prove this in order to use it?

Basically they can do what they want. You can then find your remedy. Same really as any other dispute.

However what sort of contract was it. It is possible it was a fixed term emploment contract. In which case you would have been paid paye. So you should be able to figure this out by reading.

In this unlikely scenario you do have more rights and thet may prove easier to protect.

[goldilockz]

Basically they can do what they want. You can then find your remedy. Same really as any other dispute.

However what sort of contract was it. It is possible it was a fixed term emploment contract. In which case you would have been paid paye. So you should be able to figure this out by reading.

In this unlikely scenario you do have more rights and thet may prove easier to protect.

Hi ASB,

Yes, it was a fixed term contract and am paid paye. The contract seems to suggest they can't drop me without notice, except under certain circumstances (none of which apply) so i'm hoping there is some wiggle room when it comes to paying my final wage.

[MrMarkyMark]

Hi ASB,

Yes, it was a fixed term contract and am paid paye. The contract seems to suggest they can't drop me without notice, except under certain circumstances (none of which apply) so i'm hoping there is some wiggle room when it comes to paying my final wage.

If it was a fixed term you should be payed notice.

The cases I was discussing were B2B clients for a consultancy..

I know of a number of people let go there for "performance" reasons.
The real reasons were different, either not wanting to work Saturdays/Sundays without being paid overtime (as stated in the contract), or speaking out as things were being run very badly.
The roles were then re advertised, saying Saturday should be considered a working day!!!!!!

The lack of performance clause was the only one used, as it was the one where they could get you off site that very day, notice, as per the contract, no longer applicable

Hence I suspect, unless your performance was lacking, these guys are trying a similar thing.

[Andy Hallett]

Contract terminated without reason

Having reread this, you would be contractually entitled to a notice period. As a FTC employment law applies. Try citizens advice and if not a solicitors letter would likely get you notice period.

For immediate termination they would have to prove gross misconduct or continued poor performance. And as an employee, they've not followed any process - home run.

EDIT - your contract will normally specify a notice period and usually it will be reciprocal.

[goldilockz]

Having reread this, you would be contractually entitled to a notice period. As a FTC employment law applies. Try citizens advice and if not a solicitors letter would likely get you notice period.

For immediate termination they would have to prove gross misconduct or continued poor performance. And as an employee, they've not followed any process - home run.

EDIT - your contract will normally specify a notice period and usually it will be reciprocal.

Thank you so much Andy, this is a joy to read. My contract states 30 days notice is required by both parties. I will definitely contact CAB on Monday though I think a lawyer would be a better shout at this stage. Thank you again, I'm glad to know that I have SOME rights after all