Client terminated contract early

[redman]

Hi everyone

Thank you for any advice you give.

Yesterday my client called notice on my current gig, they had been some problems between us over the past few months from trying to make me manage staff through to goal post being moved, the fault was on both sides. The final straw being I had to call in for illness the only time this had been done.

I go through an agency to the client
The agency informed last night that a 4 week notice had been invoked and I said ok and will act professional and support the client through that period which was accepted

I then got another call stating that the client now wants me off the books and do not want me to attend the office therefore zero pay.

The agency state that they will not honour any notice if nothing is incoming from the client.

I have informed the agency that I will compromise but zero is not a compromise and am very willing to be professional and work the notices period or let's come to some agreement of compensation

Incidentally the client has never contacted the agency about my lack of performance until now and there has been no comma from the agency

Do any one know of any cases where a Contractor has been able to force a notice being paid or am I just chancing my luck and anything is a bonus

Btw my contract mentions nothing about time sheets

Thanks

[northernladuk]

There are contractors in here that have fought it and got paid. I think SueEllen is one but it's a minority.

Although it doesn't mention timesheets is there anything else that might go along those lines. The fact they have brought up your conduct sounds like they are going to use that as an excuse.

Notice periods are for permies and rarely work for us when needed anyway. We (generally) don't get paid for doing nothing. Best thing is negotiate for payment and if they say no them that's that. The only way you can force them into go legal and it just isn't worth it.

[slatt]

I imagine that there is a clause in the contract that says something along the lines of "no work = no pay" and also that they are under no obligation to provide you with work

If so then you're basically on a hiding to nothing - they don't have to give you any work and if you don't work they wont pay.

the only chance you have of getting "compensation" is if your contract has anything in it saying that they'll continue to pay you for the notice period. This is in my experience very unlikely though.

You need to get out of the Employee mindset, they get paid no matter what work is done. Contractors generally only get paid if they're given work.

[TheFaQQer]

The agency state that they will not honour any notice if nothing is incoming from the client.

They are honouring the notice period - they have given you four weeks notice, and will pay you for the work that you do in that time.

Incidentally the client has never contacted the agency about my lack of performance until now and there has been no comma from the agency

Did they use any other punctuation marks instead?

Do any one know of any cases where a Contractor has been able to force a notice being paid

No

[redman]

Thanks for the replies

Totally understand what you guys are saying just seeing what is possible

"Commas" flaming predictive text

Ta

[Willapp]

This is why I don't see the point in having notice periods in a contract if the contract also has a no work = no pay clause (which most do for obvious reasons).

I treat all contracts as zero notice period which is why I never spend money until it's earned and paid and always assume any day could be my last on any gig, even when things are going well.

Good luck getting any notice period paid, it's worth a try but let's face it as long as they've paid you for the days you did work, I don't think you're going to get paid for any that you don't.

[northernladuk]

This is why I don't see the point in having notice periods in a contract if the contract also has a no work = no pay clause (which most do for obvious reasons).

I treat all contracts as zero notice period which is why I never spend money until it's earned and paid and always assume any day could be my last on any gig, even when things are going well.

To be fair a majority of clients will do the decent thing and honour the notice period. If they are planning properly they should be able to do it in a decent way. I've only been given notice once and they saw it through as they did with plenty of other contractors over time. Can't say if the work instantly disappeared in the other gigs but I had enough to fill the month and come to a good conclusion for both.

I'd obviously be quite happy if clients continued to do this. It's a professional and courteous way to work. I wouldn't want to remove the notice as it then removes the ability for the client to act this way and they would all end up using instant termination on the basis of no work - no pay which will be a right mess. Clients could play a lot harder if they wanted, most don't so let sleeping dogs lie for now.

[redman]

Hi

Thanks for the comments

Just to give an update have negotiated that I get paid for this week although would have only worked 2 days and a reference to be agreed

Good result as I expected to get nothing and proved to me really that they wanted me off the books

I can focus on getting the next gig without worrying about time off etc

Thanks

[TheFaQQer]

Good result

Apart from that whole pesky mutuality of obligation thing.

[northernladuk]

Hi

Thanks for the comments

Just to give an update have negotiated that I get paid for this week although would have only worked 2 days and a reference to be agreed

Good result as I expected to get nothing and proved to me really that they wanted me off the books

I can focus on getting the next gig without worrying about time off etc

Thanks

You don't use your ex clients as references. If they are ever contacted because you mistakenly gave their name they will do nothing but quote the dates you were there and confirm you worked there. Anything else opens them up to the potential for defamation or whatever they call it.