Termination without warning

[eek]

I've only ever had one company terminate me early (but they've done it twice and both times due to budgetary constraints - letting numerous other contractors go at the same time). In both cases I was given the notice term as per the contract, but then I continued to turn up and work for that period.

I've personally never known anyone to be told, "Get out now. We're not paying your notice." even though strictly speaking it's possible due to MOO. If I was told that, I'd probably try it on and point at the clause in the contract, but wouldn't other to chase it.

I've seen it happen in the early days of someone being employed. Usually because they were tulip....

[VectraMan]

If clients/agents don't want a notice period they only have to remove it from the contract. If it's true that it doesn't apply in practice then what's the purpose of the notice period clause? It can only be to be deliberately misleading; to lure the unwary contractor into believing he has more security than he has.

It's never happened to me, but I would be tempted to attempt to get the notice period money back.

[northernladuk]

If clients/agents don't want a notice period they only have to remove it from the contract. If it's true that it doesn't apply in practice then what's the purpose of the notice period clause? It can only be to be deliberately misleading; to lure the unwary contractor into believing he has more security than he has.

It's never happened to me, but I would be tempted to attempt to get the notice period money back.

Back? It was never yours as you didn't put any time sheets in so didn't earn it. We are on a T&M model hence the daily rate.

[pr1]

It's never happened to me, but I would be tempted to attempt to get the notice period money back.

get the money back from the day rate of days you haven't worked?

if you want to be billy big bollards with them agree a fixed price on deliverables (not time based)

[northernladuk]

Question I have is what model do we want to represent? We have noticed periods that it's nice if they honour but there is a clause they can use if they don't want to. Do we champion this model to HMRC or do we want to point out we demand clients pay our notice period worked or not. Are we after showing contractual situation or our opinions and what should happen? Does that make sense and is it a valid question for this exercise?

[Zero Liability]

My current contract has a clause that effectively means if the work dries up, it can terminate immediately at the client's option and also allows them to terminate any contractors not providing services up to scratch without notice, both of which are options they have exercised, so effectively the notice period is at best a courtesy on their end.

[expat]

Question I have is what model do we want to represent? We have noticed periods that it's nice if they honour but there is a clause they can use if they don't want to. Do we champion this model to HMRC or do we want to point out we demand clients pay our notice period worked or not. Are we after showing contractual situation or our opinions and what should happen? Does that make sense and is it a valid question for this exercise?

It is a valid question but IMHO only within the artificial constraints of having to choose between "real business" and "disguised employee". Having worked in other countries under the different model "self-employed knowledge provider" with no need to prove anything about my status, I am unhappy that that status is not available in the UK. As Mal once memorably put it (sorry if I'm misquoting), it's like a zebra being accused of a shoddy white paint job in order to avoid black horse tax.

[LondonManc]

Question I have is what model do we want to represent? We have noticed periods that it's nice if they honour but there is a clause they can use if they don't want to. Do we champion this model to HMRC or do we want to point out we demand clients pay our notice period worked or not. Are we after showing contractual situation or our opinions and what should happen? Does that make sense and is it a valid question for this exercise?

For me, if you're limited company, then we should be engaged in the same way as any other supplier company but we're not. They know they can probably hardball us and get away with it.

[MrMarkyMark]

Question I have is what model do we want to represent? We have noticed periods that it's nice if they honour but there is a clause they can use if they don't want to. Do we champion this model to HMRC or do we want to point out we demand clients pay our notice period worked or not. Are we after showing contractual situation or our opinions and what should happen? Does that make sense and is it a valid question for this exercise?

I would stick to the no work, no pay mantra all day long.

I've had two variations of notice:-

Told Wednesday to leave Friday (christmas eve!).
Reason given, we only had 2 months budget instead of 3. Most people suggested the hirer knew that at the outset.
Managed to switch into another requirement there, on a new contract, half an hour later.

The other time, the FED removed funding for "our" project due to the financial crisis..... they let me work the 4 weeks notice, tidying up, putting project on the shelf, archiving it etc.

[Coalman]

Canned (budget contraints) once in that time but worked notice, back with same client on different project 3 weeks later.