Termination of Contract - help wanted

[lawrenso]

Unless your contract states the precise times you're expected on-site they can get stuffed.

8 Hours per day which they got plus a bit more

The client can't "tell you off". You're a 3rd party supplier and not subject to their internal rules and procedures (as I had great pleasure pointing out to a prat of a client once). How you explain that depends on the client, your relationship with them etc.

I did....I think this is more than likely what set their backs up..Indicative of employment etc... Which I was not.

Bad move on this one. Never express dissatisfaction with the client or discuss your rate with the permies.

In a way I was feeling out the ground....My suspicions were proven

As stated previously ealier by somebody, I am glad I am out of there. Just looks like my next contract will be away from home Although I have never been to Jersey !!!

Steve

[NotAllThere]

Even with a cast iron case, legal action is stressful. Get a solicitor to write a letter in legal-speak, saying that you'll continue the action, but will drop it once the 4 weeks has actually been paid.

I'd also ditch the bluetooth headset

[r0bly0ns]

No they didn't

A breach of contract does NOT void any of the terms in the contract, not at all, none whatsoever, nada. The whole of the contract remains in place. Do you understand now?

Tim

So who you gonna trust? the PCG Legal advice line, or someone on a forum called tim123.....

[beercohol]

No they didn't

A breach of contract does NOT void any of the terms in the contract, not at all, none whatsoever, nada. The whole of the contract remains in place. Do you understand now?

Tim

So who you gonna trust? the PCG Legal advice line, or someone on a forum called tim123.....

Tim was right, the whole contract remains in force, but remember that the there is a strong separation between the renouncing your rights according to a provision in the contract, and a material contract breach.

In this case, the client originally intended both to (a). fail to use the termination provision allowing them to legally sever the agreement, and then to (b). try to sever the agreement anyway - leading to the breach of the entire contract which subsequently then remains entirely enforceable.

The primary issue is (b). But to strengthen the case further in order to pursue the entire value of the contract, (a) seems the best route in establishing that the client demonstrably set aside the termination provision and their only chance to be liable for the smaller amount claimed.

A very recent post indicates that an Agency is involved. I assume this is the standard back-to-back (client -> Agency - > Sub-contractor) arrangement. In this case, everything still applies, except the immediate enemy is the agency who must pay up.

Since the Agency have now apparently settled the matter with their client, they now have a strong argument to say they have made reparations in accordance with the contract. It would be much harder to sue for the full amount at this point, and the 4 weeks dosh should be snatched and squandered on alchoholic 'beerverages'.

[xoggoth]

Not uncommon. I was once one of 12 taken on for a min 3+ month contract and the week after we started all but two of us got the boot. Unless you have a notice period nowt you can do.

[Wilmslow]

Hi Guys,

a further update for you all, I phoned the Agents yesterday, told them that I had sought legal advice and that the contract was in breach.... They then played the line was bad, etc... they would get their contracts manager to phone me. She phoned about 20 minutes later and informed me that the end client was in fact honoring the terms of the contract and were going to pay the 4 weeks notice - a bit of a change as the agent said immediately after the fact that that was it and I would be paid for the time worked.

Bit of a change around eh!! However, I am just deciding whether to accept it or to hold out for more....

Been onto the PCG legal line again and they think I should still hold out for the full amount

What do you guys think?

Steve

(sorry about no smilies in my posts - they don't seem to be working)

Great news getting the 4 weeks money.

Can you say the cost and expenses of your flights? Personally, I would look into getting pre-paid expenses covered. Are there any emails between yourself and agency / client to discuss that it is safe to get the flights booked? If so, take advice from the PCG line.

Great work getitng the 4 weeks - doubt you will get the lot, but, reasonable to also get the flights as pre-paid.