Termination of Contract - help wanted

[NotAllThere]

Interesting that. I'd always heard that you'd only get the notice period at best, as you had a duty to minimise your losses. But in these days of the substitution clause...

[lawrenso]

Interesting that. I'd always heard that you'd only get the notice period at best, as you had a duty to minimise your losses. But in these days of the substitution clause...

I thought that it would only be the notice period, however, the advice goes that they have breached the whole of the contract - and yes, the substitution clause holds good with this.......

I actually interviewed with the company back in January for a permanent role as they were offering good money and got it but turned them down (self employed is in the blood now)...Glad I did!

Cheers

Steve

[beercohol]

Turns out that I might have picked up work straight away but also told that it doesn't matter as it was a company to company so it is loss of revenue....

That seems to make sense. Your argument can follow the line that the other party to the contract failed to avail themselves of the termination clause, showing by their conduct that they clearly intended to rescind the rights this clause gave them. Since this action also materially breached the terms of the contract, you are entitled to the full consideration (rewards) of it. It looks like a strong argument. B2B contract adherence is very strick in law. If it goes to court, you can also ask for the judge to order that all costs incurred in making your claim are also to be paid by the defendant (dodgy porn-sino site people).

[Dow Jones]

Have you read your contract?

I don't think you can find a solicitor to argue this (well, maybe Cherie Blair). What losses have you incurred? Your petrol, tickets, hotels, etc? They don't want you for whatever reason (although alleging 'gross misconduct' is a serious matter - what was it for anyway?), so best case scenario is to get your notice paid. I would ignore the PCG advice, why didn't they point you out to an affiliated solicitor if they are so sure?

[Hex]

HI,

this has just happened to me today. Started a contract last Tuesday for a major on-line gambling site, and I went in today to be took in the office after 30 minutes, some implausible reasons given for gross misconduct, terminated contract and escorted out of the building. Funny thing is they had a permanent DBA start on Monday...

I have contacted the PCG Legal helpline and they have informed me that they are in breach of contract and to seek the assistance of a solicitor to claim for the whole term of the contract and not just the notice period. Hopefully going to see one tomorrow. Anybody know of any good commercial and contract solicitors??

Turns out that I might have picked up work straight away but also told that it doesn't matter as it was a company to company so it is loss of revenue....

As an earlier poster put - good for the IR35 argument if it crops up..

Lawrenso

email roger sinclair at egos (ww.egos.co.uk) and see what he thinks.

[r0bly0ns]

I don't think you can find a solicitor to argue this (well, maybe Cherie Blair). What losses have you incurred? Your petrol, tickets, hotels, etc? They don't want you for whatever reason (although alleging 'gross misconduct' is a serious matter - what was it for anyway?), so best case scenario is to get your notice paid. I would ignore the PCG advice, why didn't they point you out to an affiliated solicitor if they are so sure?

The argument being presented above is that as it's a business to business contract, the business has actually lost the whole value of the contract, and not just what has already been paid out.

HTH

[tim123]

I thought that it would only be the notice period, however, the advice goes that they have breached the whole of the contract -

This is irrelevent. Your maximum loss under the contract is the notice period, so that's all a court will award you.

A breach of contract is not punishable per se (that would create an unenforcable penalty). What a court will do is reconstruct the position that you would be in, had the contract not been breached. If this results in a loss to you, it will then award you that amount and no more.

tim

[tim123]

The argument being presented above is that as it's a business to business contract, the business has actually lost the whole value of the contract, and not just what has already been paid out.

HTH

The businees could have lost this amount by lawful termination, so this loss hasn't actually occurred because of the breach.

tim

[beercohol]

This is irrelevent. Your maximum loss under the contract is the notice period, so that's all a court will award you.

A breach of contract is not punishable per se (that would create an unenforcable penalty). What a court will do is reconstruct the position that you would be in, had the contract not been breached. If this results in a loss to you, it will then award you that amount and no more.

tim

The client (party to the contract) waived the termination provision in the contract by disregarding the notice period. Therefore the contract remains in force, and the full consideration is therefore due to the other party.

This argument would be made far stronger if the claimant issues a final invoice to the client for the full remaining amount.

At this point, not much more can be deduced without seeing the contract itself.

[lawrenso]

Cheers for all the comments guys....Beercohol - that is exactly what the legal line said last night. Basically they have tried to renege on the contract rather than going down the notice period route hence they have voided that part of the contract. Reasons given

1. Late 2 times @15 min each - one for an accident on the Motorway and the other due to the motorway roadworks being expanded overnight (M56 N/Wales Link). The first was on Tuesday and the second yesterday....
2. Wearing a Bluetooth headset for which I was "told off" although I had never been aware of this
3. The third saying to somebody that I felt like walking at that moment after the newly promoted team leader made a rather insulting comment to me...

Funny that I had a conversation on Tuesday with the contrator in there that is leaving and he was surprised that they were not utilising me better and not providing any environment knowledge to me... I also said then that I fealt they were angling to get rid of me.... lo and behold 24 hours later

My contract is currently with a law firm being assessed...will hopefully hear back soon on the options.

I have yet to invoice for anything for them so will ask the advice of the solicitor on that one - quite a notable amount for the whole of the contract.

Cheers

Steve