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Termination reasons and failure to communicate

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    #11
    A balanced reply that I concur with - thanks jmo21.

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      #12
      Originally posted by stillalive View Post
      A balanced reply that I concur with - thanks jmo21.
      It's only balanced as it's what you want to hear which is often the case in threads like this. It's the same advice as every other post, just with some fluffy cotton wool and red herrings around it. Reasons for being terminated don't come in to it. Any references provided will just have time started and ended. No one will ever know about the real reasons given, let alone the real real reason for the termination. I'd be annoyed (if all you've said is a true balanced explanation of the situation) but only because people haven't been big enough to treat me like a contractor instead of the excuses.

      JMO also says 'Does the OP have a case for that? Maybe?' which is very nice of him to say because it's all fluffy but it's wholly wrong. There is NO case here. Period. You were terminated as per the contract and that's that. As has been said, you do not have permie rights because this is a short term contract with termination clauses attached.

      It happened, just move on as all the other straightforward answers said. It's not really about a balanced responses and agreeing.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #13
        Originally posted by stillalive View Post
        Hi all,

        I've been contracting on a rolling basis with a very large very well known global company (let's call them "HAL") for the last 3 years. This is in IT services for the public sector. There haven't been any issues on the contract, and I have come inside IR35 at their request (more of a decree, really).

        Out of the blue, my Agency called me to say that my contract had been terminated and I had been served with 5d notice. It had been timed deliberately for me being on holiday. The termination and the manner in which it was carried out is highly unusual in our domain, where only someone seriously in breach would be treated like this. It would be typical to move someone to another or give them as much time is necessary to get into the new role (eg. 4-6 weeks).

        At no point did the global services company raise delivery issues with me, and thus, there was never any opportunity to discuss or even course correct their perceived issues. At no point did anyone call me, meet with me, nor communicate with me that there were background issues. There is no record of any feedback, there are no emails, and there were no meetings. It's a stitch up, and the people around me say it's a stitch up. The global IT company went from from "see you when you get back" on the Friday, to terminating on the Monday.

        The reasons given to the Agency for termination for termination were bogus. (or at least: I accept they're legitimate to the degree that we can all make something up, and if we don't communicate, well it happened to its the truth right?)

        It's been suggested to me that the real motivation behind terminating me was because they want a staff member to take over the leadership role I was in (okay fine so why harm me like this?).

        My skills are in demand and I found a very similar role within a day or so, but because of bureaucratic issues related to paperwork, I cannot start it for 6 weeks [since the termination].

        The supply chain I am in is: I am an employee of an umbrella company, who provide me as an individual to fill an inside IR35 role offered by the Agency, supplying me to a large global IT company's services division, who in turn provide a service to a public sector end client.

        With this gap opening up before I can start the new role for the same public sector client, am I in any position where I might hold the global company to account for loss of earnings, the bogus termination reasons, or the unreasonable/vexatious behaviours? What I've been through would never have passed muster for enployees of course, it would look a lot like unlawful dismissal.
        You got revoked because you took time off when they didnt want you to be off. That or they really do have a permie bum to put on your seat.

        If, as you claim in a later post, that serving you 5 days instead of 4 to 6 weeks isn't normal, then you've clearly done something to hack the client off. Like I said, going on leave when they really didnt want you to do. Plans change quickly in IT so even if you had agreed leave, some delivery schedule etc may have changed at short notice and maybe they even expected you to cancel the leave before being asked, who knows?

        Bottom line is you're out. Rock the boat more and you might find you dont get an invite back in the future, presuming you might want to go back.
        I couldn't give two fornicators! Yes, really!

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          #14
          Alright BB... Nice to see you back. Everything well?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #15
            Originally posted by stillalive View Post
            A balanced reply that I concur with - thanks jmo21.
            Have you actually shared the bogus reason given for your contract being terminated?

            Comment


              #16
              If you didn't see it coming then you weren't taking notice. Public sector are notorious for ditching contractors with zero notice and I speak from experience. Especially when you return to somewhere that you were once permie, after 20 years of contracting Jealously is not a nice trait.
              Formerly Sausage Surprise but forgot password on account that had email address from old gig

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                #17
                Originally posted by northernladuk View Post
                JMO also says 'Does the OP have a case for that? Maybe?' which is very nice of him to say because it's all fluffy but it's wholly wrong. There is NO case here. Period. You were terminated as per the contract and that's that. As has been said, you do not have permie rights because this is a short term contract with termination clauses attached.
                Sorry, by "case", I wasn't meaning to fight the termination, but wasn't clear.

                I meant defamation of some sort, but IANAL - clearly!

                Originally posted by jmo21 View Post
                If that is the case for the OP, I can understand being annoyed about that part. It could potentially have ramifications for him down the line with the agency, or a colleague at client co who only heard the "lie", causing him to not get future work.

                Does the OP have a case for that? Maybe? Can he prove it? Maybe, maybe not. Is it worth pursuing? Highly unlikely IMHO.

                Comment


                  #18
                  Originally posted by jmo21 View Post

                  Sorry, by "case", I wasn't meaning to fight the termination, but wasn't clear.

                  I meant defamation of some sort, but IANAL - clearly!

                  Ah gotcha. Yeah. Not much you can do about that and highly unlikely as you say.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #19
                    Originally posted by stillalive View Post

                    (let's call them "HAL")

                    Out of the blue,
                    I see what you did there.
                    Originally posted by stillalive View Post
                    With this gap opening up before I can start the new role for the same public sector client, am I in any position where I might hold the global company to account for loss of earnings, the bogus termination reasons, or the unreasonable/vexatious behaviours? What I've been through would never have passed muster for enployees of course, it would look a lot like unlawful dismissal.
                    No - if you wanted "rights" you should have become an employee.
                    Being an inside IR35 worker is the worst of all worlds - not an employee, but treated like one except for any kind of employment rights.

                    Comment


                      #20
                      As a contractor, you can usually be terminated at any time. The notice periods on a lot of contracts is immediate, or in the alternative, very short. There is no remedy - the trade-off for the big bucks is job security.

                      However, if the reasons given were false, or exaggerated, there may be a claim in damages. Unless the reasons stopped you getting work with the agency again, or they are giving bad references, it may not be worth much money, nor the aggravation, though.

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