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Any advice on contract termination

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    Any advice on contract termination

    Hi All

    I had a contract terminated recently by the Client who decided after 1 month that I did not have the skills for the job, despite reading my CV and doing a telephone interview. He then started on about dress code in the office and provoked a verbal confrontation. Then used this as an excuse to terminate the contract.

    Should I start legal action or just move on.
    Last edited by Pirate; 12 February 2010, 14:13.

    #2
    What you've got to remember is that you run your own business if you are a contractor, even if you are a sole trader or umbrella'd. You set your own professional standards when doing business. If they've tied you down to a contract which details line manager, dress code, conduct, hours of work, following their company policy etc as absolute requirements - then you're really an employee not a contractor.

    Can you give us a clue as to whether there is anything in your contract which relates to this dress code issue ? If not, then they've breached the terms of the contract. How long did you have to go ?

    Having said that, I wouldn't have turned up in jeans. If I didn't have anything else to wear and my contract depended on it, I'd have gone out and bought a pair. It sounds a bit hard of them, though. Maybe they're looking for an excuse....
    It's my opinion and I'm entitled to it. www.areyoupopular.mobi

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      #3
      There is nothing in my contract that states that I must adhere 'rigidly' to the Clients dress code, there is a general comment about respecting the Clients dress code that is a 'cover all' to all contractors.

      I was following the dress code of the permanant staff which was very relaxed all the time. In fact the Company held a 'blue jeans friday' every few weeks to collect money for charity when all staff wore them.
      Last edited by Pirate; 6 September 2006, 18:52.

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        #4
        Well I can't imagine McKinsey miscalculating the trouser situation and proffering dated receipts in their defence...

        But still, nobody gets a contract terminated for the sake of what trolleys they're wearing. Even if it's mentioned in the contract (which is unusual), I can't see how it could lead to an irremediable breach. It has got to be an excuse for something: probably "The department is also in the process closing down and all permanent staff will be gone by december". Incidentally, the first sign of a downsizing is that the "Internet Usage Policy" gets dusted off and enforced for the first time in living memory.

        Work out whether it's worth your while to get a lawyer to back you up. That's what they'd do, in your (canvas) shoes.

        Comment


          #5
          Originally posted by Pirate
          There is nothing in my contract that states that I must adhere 'rigidly' to the Clients dress code, there is a general comment about respecting the Clients dress code that is a 'cover all' to all contractors.
          It's still in there though. It's not uncommon to have to 'respect' the clients dress codes, but as a freelance professional you should be setting a higher standard. If something is written in the contract, then it is legally binding regardless of how casual it sounds.

          I was following the dress code of the permanant staff which was very relaxed all the time. In fact the Company held a 'blue jeans friday' every few weeks to collect money for charity when all staff wore them.
          Yes, but you're NOT an employee - you have a different kind of contract. You've let yourself get lulled into a false sense of security by the permies. Don't let it happen again or I'll come round and give you a good hiding!

          As thunderlizard mentioned, the best route would be to get a legal opinion. It needn't cost you anything to get a half hour initial session with a business law firm to explain your situation and see if there is any mileage in pursuing it. If you can get another contract reasonably easily, then you could just put it behind you and get on with earning some money.
          It's my opinion and I'm entitled to it. www.areyoupopular.mobi

          Comment


            #6
            Forget any specific bits about dress code or any other behavioural details: somewhere in your contract will be a clause that allows termination without explanation or notice that will make any idea of "wrongful dismissal" totally irrelevant.

            Ignore the whys and wherefores, get on with the next contract - this is what you get for being a contractor and why you aren't a permie. But, on the bright side, you can't easily get stung for IR35 on this one, can you?
            Blog? What blog...?

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              #7
              Well, there are a lot of points to discuss here.......

              Nobody ever loses a contract for the big things, it's the small things that get you, like
              getting in the lift wearing your khakis and unfortunately standing next to the MD, being 2 mins late for a meeting because you had to take a sick child to the doctor, and so forth, another no-no is discussion of rates in public or indeed in any casual conversation with the permies, they will resent you for it and they cannot help that.

              The rules are simple and often cruel, it's a contract, that's it, if a permie feels the need to grumble about your dress - beware, if they grumble about your car, life style, etc beware. Infact don't discuss any activities that you do (unless they bring it up first).

              The best way to make money is quietly, don't flaunt it, do the job, and within reason stick to the scope of the job accountabilities, but do not give favours or work late/out of hours easily, as it only devalues you in their eyes.

              Its a contract for your services, make it that every day, it's not a friendship agreement (though you'll invariably meet people you like), it's a cold hard contract between your company and their company, neither of which have a concience, and here's the rub, if a contract starts to look like it has been comprimised (either by your own foolishness, naievty, sneaky permies or whatever), make alternative arragnements, i.e start looking and once you have found something, give notice and leave, you'll often be pleasantly delighted at the shock-horror look on the permies face as they suddenly realise they are in a bit of a bind..........

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                #8
                The trousers thing has happened to me. I went and bought another pair.
                Never ever turn up to the office looking like a tramp. Unless you are a tramp or Milan.
                What happens in General, stays in General.
                You know what they say about assumptions!

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                  #9
                  Originally posted by MarillionFan
                  The trousers thing has happened to me. I went and bought another pair.
                  Never ever turn up to the office looking like a tramp. Unless you are a tramp or Milan.
                  It'll never happen to me as I wear jeans. And that's the end of the discussion. If they don't like it, tough.
                  Listen to my last album on Spotify

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                    #10
                    But jeans at a rodeo is compulsary Bob.
                    What happens in General, stays in General.
                    You know what they say about assumptions!

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