Where do I stand legally ?

**ratewhore** · 15 December 2006, 11:11

Sounds like it's direct in which case I would personally walk away with a good reputation and the possibility of further repeat business.

**rootsnall** · 15 December 2006, 11:16

You may have some possible legal redress but I'd accept the situation especially if they have given you 28 days notice. Move on with a forced smile and don't completely burn your bridges if at all possible. You may need them for refs and they may need you yet.

**wantacontract** · 15 December 2006, 11:17

ditto that

Agree with the above post....less hassle all round...thats what contracting is all about...just move on.

**Mordac** · 15 December 2006, 11:19

Originally posted by coulsonm

can I :

a) Sue them and require them to pay the remaining months of my contract ?

b) Can they let me go, in accordance with the termination notice in my previous Contract (i.e. the initial term Contract for the 8 weeks does exist , which stated 28 days notice) with no further obligation ?

Any ideas ?

a) No (you can't sue for breach of contract when there is no contract)
b) No (That contract is no longer valid)

Now you know how much a verbal contract is worth. Walk away nicely, and they might ask you back in the future. Next time give them a B2B contract (join the PCG and use theirs if you don't have one yourself).

**Epiphone** · 15 December 2006, 11:20

If you didn't have anything in writing about the further 12 months you're ****ed. Smile, learn the lesson and you might get repeat gigs with them.

And steal as many pens as you can on the way out.

**premiere** · 15 December 2006, 11:38

Originally posted by Epiphone

If you didn't have anything in writing about the further 12 months you're ****ed. Smile, learn the lesson and you might get repeat gigs with them.

And steal as many pens as you can on the way out.

sorry, new customers only!

**rootsnall** · 15 December 2006, 11:42

Originally posted by Mordac

a) No (you can't sue for breach of contract when there is no contract)
b) No (That contract is no longer valid)

Not an expert by any means and I think you'd be wasting your time chasing it BUT I do think that a verbal contract can be deemed valid in court. And in the situation of working on after your contract has expired then I think the T&Cs of your original contract will in some cases be valid if it went to court.

**Denny** · 15 December 2006, 19:04

This situation will help your IR35 exempt status enormously. After all, if they'd kept you on when there was no work you would have seriously jeapordised your IR35 status as implied MOO was in place.

Walk away. Contact lengths are not carved in stone at the outset. The contract length only ever lasts as long as the estimated amount of work they calculated at the time. Even if the work was there for another six months, the client has full flexibility to pass on what would have been your work to who ever they like. That's what business is all about.

Accept it and move on but keep the doors wide open for coming back. So don't piss them off.

I am in the same situation(with the exception I wasn't told the contact would last longer than I thought at the outset). Just finalised a contract, got a brilliant written reference, and even chatted about further work next year, should it come up, yet I know there is outstanding work I could have done into the New Year. However, the client would prefer to use someone internal for covering these pieces off.

**thunderlizard** · 15 December 2006, 23:35

Yes, the main decision is how much you stand to lose by annoying a customer that you clearly have an easy relationship with.

If you think not much, then it's worth asking a solicitor and that's all you need to know. The verbal contract isn't ideal but you do have their purchase order to back it up. Unlikely you'll get the full 6 months but you might get some decent settlement.

Where do I stand legally ?