Hi All
This is my first post, and sadly one, which probably no one would want to post.
Let me introduce my self, I am an IT contractor using my Ltd company to bill the agency for work carried out at client's site.
Today morning, I told my client that I will be on leave for 2 days this week to which my client said NO as it was a tight schedule. Client said they cant let me go for 2 days as its tough. I said I have to take 2 days off and I wont be in city to work. In No case I can be here. Then client said he will talk to Agency. I said ok !
Later that afternoon I received a call from agent who said; My contract has been terminated with immediate effect and tomorrow shall be my last day.
I was in little shock and I said, well that is not as per our terms, notice period is not immediate. To which agent said there is a clause in contract saying
"Not withstanding the notice period of this agreement, where required by the client the employment business may be terminated without notice and without liability instruct the contractor to cease work at any time FOR ANY REASON THE CONTRACTOR PROVES UNSATISFACTORY TO THE CLIENT"
Now, my question is, does the above clause covers the case where I have to take 2 days off from work ?
I think, if I would have agreed to client and cancelled my leaves that would jeopardize my IR35 status.
Can I now ask my agency to pay for the notice period or can I ask the client to give me the legit notice period of 4 weeks ?
I am a little pissed off with what happened today because in all my previous contracts I have never been in a situation where any of my leaves were questioned, as being contractor I do expect to work as and when I want and I can.
Any guidance will be highly appreciated.
Thanks
Regards
M
This is my first post, and sadly one, which probably no one would want to post.
Let me introduce my self, I am an IT contractor using my Ltd company to bill the agency for work carried out at client's site.
Today morning, I told my client that I will be on leave for 2 days this week to which my client said NO as it was a tight schedule. Client said they cant let me go for 2 days as its tough. I said I have to take 2 days off and I wont be in city to work. In No case I can be here. Then client said he will talk to Agency. I said ok !
Later that afternoon I received a call from agent who said; My contract has been terminated with immediate effect and tomorrow shall be my last day.
I was in little shock and I said, well that is not as per our terms, notice period is not immediate. To which agent said there is a clause in contract saying
"Not withstanding the notice period of this agreement, where required by the client the employment business may be terminated without notice and without liability instruct the contractor to cease work at any time FOR ANY REASON THE CONTRACTOR PROVES UNSATISFACTORY TO THE CLIENT"
Now, my question is, does the above clause covers the case where I have to take 2 days off from work ?
I think, if I would have agreed to client and cancelled my leaves that would jeopardize my IR35 status.
Can I now ask my agency to pay for the notice period or can I ask the client to give me the legit notice period of 4 weeks ?
I am a little pissed off with what happened today because in all my previous contracts I have never been in a situation where any of my leaves were questioned, as being contractor I do expect to work as and when I want and I can.
Any guidance will be highly appreciated.
Thanks
Regards
M
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