Hi,
I was offered a 3 month contract by an agency which started in early November and is due to finish in early February 2007.
However, last week, a manager said my contract would not be renewed at the end of December to which my reaction was "My contract runs until early February 2007, what you mean?" He then said I should check with HR to verify this as he was certain it was the end of December.
Being rather pissed off
I called my agency in the hope that this is due to miscommunication. After telling me that account director blah blah blah is looking into this I get a call from a jumped up account manager full of the blurb last Friday evening saying its been an error and in fact the client only signed this off for a contractor to work up until the end of December (she did not admit or say what happened but its clear its the agencies cock-up) and said that she will speak to my line manager at the client and try and resolve this. She intimated that one scenario (and the likely one from her point of view) if necessary notice would be given to me on Monday and I would get four weeks notice from then (the termination period) Now, having had time to think about this I am well **** that the agency offered me a 3 month which I signed etc and that I should now suffer as a result of their cock-up. Where do I stand legally? If I get four weeks notice this coming Monday, which is 20 working days, (and due to the fact that on the third week its Christmas etc and the company does not work on all of these days) am I legally entitled to 20 working days notice ? Would I need to work 20 whole days? to get the four weeks pay? (She also said it may be that I get paid for the last of the four weeks notice and stay at home for that week, even though New Year’s Day is a bank holiday).
I enclose the termination clauses in my contract. No clause mentions my situation. Can I be dismissed on what grounds ?
Duration and Termination
4.1 This agreement shall remain in force until the assignment is completed as defined in the Schedule (“Assignment End Date”) unless terminated earlier in accordance with the terms of this Agreement or extended by agreement of both parties under the terms of this Agreement. This clause shall be subject to clause 4.2 below.
4.2 Without prejudice to any other rights and remedies to which the Company may be entitled under this Agreement, the Company may forthwith terminate this Agreement by written notice to the Contractor if:
• either the Contractor or the Client goes into liquidation, or (in the case of an individual) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
• the Contractor is in breach of any of its obligations hereunder;
• the Client indicates to the Company that it is not satisfied with the performance of the Contractor or the Representative;
• the Representative wilfully or negligently introduces a virus or other harmful code to the Representative’s or Client’s hardware or software used in the performance of the Assignment.
Any advice is much appreciated.
Many Thanks.
I was offered a 3 month contract by an agency which started in early November and is due to finish in early February 2007.
However, last week, a manager said my contract would not be renewed at the end of December to which my reaction was "My contract runs until early February 2007, what you mean?" He then said I should check with HR to verify this as he was certain it was the end of December.
Being rather pissed off
I called my agency in the hope that this is due to miscommunication. After telling me that account director blah blah blah is looking into this I get a call from a jumped up account manager full of the blurb last Friday evening saying its been an error and in fact the client only signed this off for a contractor to work up until the end of December (she did not admit or say what happened but its clear its the agencies cock-up) and said that she will speak to my line manager at the client and try and resolve this. She intimated that one scenario (and the likely one from her point of view) if necessary notice would be given to me on Monday and I would get four weeks notice from then (the termination period) Now, having had time to think about this I am well **** that the agency offered me a 3 month which I signed etc and that I should now suffer as a result of their cock-up. Where do I stand legally? If I get four weeks notice this coming Monday, which is 20 working days, (and due to the fact that on the third week its Christmas etc and the company does not work on all of these days) am I legally entitled to 20 working days notice ? Would I need to work 20 whole days? to get the four weeks pay? (She also said it may be that I get paid for the last of the four weeks notice and stay at home for that week, even though New Year’s Day is a bank holiday).I enclose the termination clauses in my contract. No clause mentions my situation. Can I be dismissed on what grounds ?
Duration and Termination
4.1 This agreement shall remain in force until the assignment is completed as defined in the Schedule (“Assignment End Date”) unless terminated earlier in accordance with the terms of this Agreement or extended by agreement of both parties under the terms of this Agreement. This clause shall be subject to clause 4.2 below.
4.2 Without prejudice to any other rights and remedies to which the Company may be entitled under this Agreement, the Company may forthwith terminate this Agreement by written notice to the Contractor if:
• either the Contractor or the Client goes into liquidation, or (in the case of an individual) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
• the Contractor is in breach of any of its obligations hereunder;
• the Client indicates to the Company that it is not satisfied with the performance of the Contractor or the Representative;
• the Representative wilfully or negligently introduces a virus or other harmful code to the Representative’s or Client’s hardware or software used in the performance of the Assignment.
Any advice is much appreciated.
Many Thanks.
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