Contract Terminated

**northernladuk** · 4 December 2015, 14:28

Firstly you should get terminated immediately for thinking you are employed by anyone but your LTD company.

The situation is you are a T&M contractor and will have a clause in your contract that says you only get paid with signed timesheets. If you do not work you don't get paid. Period. So.. How does the affect the situation...

Well you may have been terminated for poor performance but you'll never prove it so don't get hung up on this. You are where you are. You cannot claim damages as this would need to prove you were unfairly terminated which you won't do. You also didn't incur any losses to claim for damages. You have to prove you lost the money. You didn't work it, no timesheet, didn't get paid it so you didn't lose it.

All that has happened here is that the agent and client hasn't been very smart. If they had they would have invoked your notice period and then told you not to come in. The result of that? Instant termination with no pay and nothing to argue.

Suck it up and move on... and re-think your relationship with your client and agent and things might become a bit easier to work out.

Next..........

**TykeMerc** · 4 December 2015, 14:35

Originally posted by praf

Hi, my contract has been terminated by my recruitment agency..Reason why due to performance which i believe . I was employed for almost 3 months until i was told by the client. The contract does say- clause 9.2.4 of your contract allows for the termination of your consultancy, without notice, if the client is dissatisfied with your consultancy services.

I strongly disagree with this decision. The project was poorly managed and I was put in this situation as for other people's failings. I would like to claim damages for money lost during the four week notice period which they failed to give. There has been other contractors, who were told to go but they were issued with four week notice. Please someone advise what can i do. I was told i can put in a claim via HM Justice and Tribunal - www.moneyclaim.gov.uk, but i have to pay the fee. I want to be sure before i go ahead and pay the fee. Has anyone experience this issue before, please advice asap, thank you all.

This isn't a new situation by any means and there are quite a few threads on the theme, it's standard stuff, you're a contractor and can be got rid of immediately if the client wants to.

In truth there's very little you can do and if you do go the legal route there's a microscopic chance you will win.

The advice given in these circumstances is suck it up and walk away.

**northernladuk** · 4 December 2015, 14:37

Spamming the board isn't going to get you any better or faster information....

Firstly you should get terminated immediately for thinking you are employed by anyone but your LTD company.

The situation is you are a T&M contractor and will have a clause in your contract that says you only get paid with signed timesheets. If you do not work you don't get paid. Period. So.. How does the affect the situation...

Well you may have been terminated for poor performance but you'll never prove it so don't get hung up on this. You are where you are. You cannot claim damages as this would need to prove you were unfairly terminated which you won't do. You also didn't incur any losses to claim for damages. You have to prove you lost the money. You didn't work it, no timesheet, didn't get paid it so you didn't lose it.

All that has happened here is that the agent and client hasn't been very smart. If they had they would have invoked your notice period and then told you not to come in. The result of that? Instant termination with no pay and nothing to argue.

Suck it up and move on... and re-think your relationship with your client and agent and things might become a bit easier to work out.

Next..........

**TykeMerc** · 4 December 2015, 14:39

It's possible since new posters are moderated that he tried twice, thread merge needed if one of the mods can do the necessary.

**northernladuk** · 4 December 2015, 14:43

Originally posted by TykeMerc View Post

It's possible since new posters are moderated that he tried twice, thread merge needed if one of the mods can do the necessary.

Possibly... BIDI...

Did you notice I didn't mention an accountant or a search. Fancy changing your stance on voting on the CUK poll?

**BrilloPad** · 4 December 2015, 14:43

Originally posted by praf

I was told i can put in a claim via HM Justice and Tribunal - www.moneyclaim.gov.uk, but i have to pay the fee. I want to be sure before i go ahead and pay the fee.

Whoever told you that was wrong. Well - you can put in a claim. But you will lose.

Start looks for new gigs and walk away.

Good luck.

**NotAllThere** · 4 December 2015, 15:01

Originally posted by TykeMerc View Post

It's possible since new posters are moderated that he tried twice, thread merge needed if one of the mods can do the necessary.

Done.

Originally posted by northernladuk View Post

Possibly... BIDI...

Wrong.

**ASB** · 4 December 2015, 15:02

The contract does say- clause 9.2.4 of your contract allows for the termination of your consultancy, without notice, if the client is dissatisfied with your consultancy services.

So, in order to win any sort of claim for breach of contract you will need to establish that the client was, in fact, entirely satisfied. That could be quite a high bar to jump.

Your contract does appear to state "dissatisfied for any reason". Without notice. This is exactly what the client has done.

If the client is refusing to pay for time spent prior to notice being given then this is a different thing, and you may have a claim. Depending upon what the contract says.

**praf** · 4 December 2015, 15:03

Originally posted by BrilloPad View Post

Whoever told you that was wrong. Well - you can put in a claim. But you will lose.

Start looks for new gigs and walk away.

Good luck.

Thanks for the advice all

Contract Terminated