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Contract Termination

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    Contract Termination

    Hi, I provide IT consultancy services via my Ltd company. My contract was recently renewed (23/02/2016) for a further 2 months, and subsequently 2 days later terminated. Can anyone advise on my rights as I had turned down another contract on the basis of my extension and feel this has been very badly managed.

    My contract states 1 weeks notice is required, and as yet I have still had nothing in writing via post, email etc, but no longer have building or email access, so am unable to complete time sheets.

    I was verbally advised via my boss that I would be paid until the end of my contract, but am not sure if he understands that my contract renewal is until 29/04/2016.

    When does the notice period legally begin?

    What am I legally entitled to re pay?

    Any advice would be much appreciated.

    Thank you.

    #2
    You have rights to be paid for the days you worked. That's it. You will argue you didn't get paid notice but you didn't work it and your contract will stay no payment without a signed time sheet.

    Notice periods don't work for contractors. They could serve you notice and them give you no work = instant termination.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      Notice periods don't work for contractors.
      Nor does the phrase "my boss".

      Comment


        #4
        The client can say what they like. What matters is what is written in your contract.
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #5
          Originally posted by SueEllen View Post
          The client can say what they like. What matters is what is written in your contract.
          When does the notice period legally begin?

          What am I legally entitled to re pay?

          My contract states 1 weeks notice, so beginning when as I haven't been formally advised yet.

          Thanks.

          Comment


            #6
            Originally posted by Alan @ BroomeAffinity View Post
            Nor does the phrase "my boss".
            Not sure this actually helps re my questions but thanks for your time!!

            Comment


              #7
              Originally posted by northernladuk View Post
              You have rights to be paid for the days you worked. That's it. You will argue you didn't get paid notice but you didn't work it and your contract will stay no payment without a signed time sheet.

              Notice periods don't work for contractors. They could serve you notice and them give you no work = instant termination.
              Surely the contract is legally binding, in which case the notice period stands?

              Otherwise what is the point in the contract?

              What I am seeking is legal advise rather than opinions.

              Thanks.

              Comment


                #8
                Originally posted by Smokey01 View Post
                Surely the contract is legally binding, in which case the notice period stands?

                Otherwise what is the point in the contract?

                What I am seeking is legal advise rather than opinions.

                Thanks.
                It depends on more than the notice clause. What does your contract say about their obligation to provide you with work? Does it say that you only get paid on submission of a signed timesheet?

                If you are an IPSE member, then phone the legal helpline. They will not review your contract for you, but will give general advice. Specific, detailed advice will always need to be paid for.

                (And it's advice, not advise that you're seeking)

                Comment


                  #9
                  Originally posted by Smokey01 View Post
                  Surely the contract is legally binding, in which case the notice period stands?

                  Otherwise what is the point in the contract?

                  What I am seeking is legal advise rather than opinions.

                  Thanks.
                  It's advice you are looking for and you didn't read or understood what I put.

                  Your contract will state no pay without a signed timesheet. You have no time sheet, you don't get paid. It's written in your contract. You don't need anyone legal to break that down for you.

                  This question is asked endlessly on here and it's always the same answers.....
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by Smokey01 View Post
                    Surely the contract is legally binding, in which case the notice period stands?

                    Otherwise what is the point in the contract?

                    What I am seeking is legal advise rather than opinions.

                    Thanks.
                    Then you need to speak to a lawyer.

                    But, I would invoice for the notice period. Whether that is justified depends on the entire contract and clauses.

                    There is a general view of "there will be no obligation". I take issue with the certainty that sentiment expresses. It is unknowable without sight of the contract, but will often be the case.

                    Having invoiced, should that be your course, then you uave to devide how much time, effort and money you are prepared to put into it.

                    Comment

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