Cancellation of contract

**Number9** · 29 May 2008, 18:13

Originally posted by batman99 View Post

My current contract has been cancelled some 9 months short of it's intended duration. I was told by my agency on a Wednesday afternoon not to go back on site until further notice due to some "contractual issues" between the agency and the client. Some 7 days later I was told that I was being given 28 days notice from then and to go back on site the following Monday. I've now been told that I'm not gonna be paid for the 2 days at the begining of the 28 (i.e. Thursday and Friday) and that I would just have to write these off! All in all I've lost a total of 7 working days this month (that's not including the bank holiday).

As you can imagine I'm very annoyed about the whole situation and am wondering where I stand legally on this. Does anyone have any views??

Find another contract and walk, its the life of a contractor, even know i've never been binned which must be a fluke !

**Archangel** · 30 May 2008, 06:45

My view (and it may sound harsh) is that you didn't work the 2 days, so you can't get paid for them.

I am sympathetic to your annoyance with the agent, but if you want paying whilst not working then go permie.

**BrilloPad** · 30 May 2008, 06:57

Originally posted by batman99 View Post

My current contract has been cancelled some 9 months short of it's intended duration. I was told by my agency on a Wednesday afternoon not to go back on site until further notice due to some "contractual issues" between the agency and the client. Some 7 days later I was told that I was being given 28 days notice from then and to go back on site the following Monday. I've now been told that I'm not gonna be paid for the 2 days at the begining of the 28 (i.e. Thursday and Friday) and that I would just have to write these off! All in all I've lost a total of 7 working days this month (that's not including the bank holiday).

As you can imagine I'm very annoyed about the whole situation and am wondering where I stand legally on this. Does anyone have any views??

Try to find out from the client what the issues are. Any way you can go direct? Dont burn bridges with the client over an agency issue.

Personally I would have spoken to the client before leaving site - they might still have wanted you in.

When were you given notice from? these things cant be backdated(unless you are HMRC claiming tax).

From where you are now I would just get what I can - if the losses are small is it worth the aggro/cost of a long fight. Arrange a meeting with head of the agency and/or write them letters maybe.

Then I would put quick drying cement down their drains. Superglue their front door. Put in their leeter box an envelope full of maggots and fish heads. Put dog turds into the air vents of their cars. Block up their email. Get my fax to continuosly dial their phone line. Then get serious.

**malvolio** · 30 May 2008, 07:20

Reality adjustment. "There isn't a job any more. End of."

You need to think that way. By all means try and keep in with the ex-client, but the important thing is the next job, not the last one.

**batman99** · 30 May 2008, 09:29

Originally posted by BrilloPad View Post

Try to find out from the client what the issues are. Any way you can go direct? Dont burn bridges with the client over an agency issue.

Problem is I know exactly what the issue is. I dont want to sling any accusations around but put it this way - it sounds like "honey" but starts with an "m"

Thanks for all your responses - they are pretty much as I expected!

**DS24** · 30 May 2008, 20:48

Originally posted by BrilloPad View Post

Then get serious.

Dress up as Spiderman and climb their roof?

**The Lone Gunman** · 30 May 2008, 21:01

Originally posted by malvolio View Post

Reality adjustment. "There isn't a job any more. End of."

You need to think that way. By all means try and keep in with the ex-client, but the important thing is the next job, not the last one.

I think there is scope for other attitudes here.
Sure we have to accept that there is no job, but we sign up to contracts for periods of work. Our quotes are priced based on length of contract as well as work to be done and other costs.
Surely we should be entitled to compensation (via penalty clauses) if the client decides to terminate early.
It would be good business practice after all.

**BrilloPad** · 31 May 2008, 07:55

Originally posted by batman99 View Post

Problem is I know exactly what the issue is. I dont want to sling any accusations around but put it this way - it sounds like "honey" but starts with an "m"

Thanks for all your responses - they are pretty much as I expected!

It is quite odd this has come up during a contract. You said 9 months to go - presumably 3 months into a 12 month? Does your agent need a new Ferrari?

Seriously, for the agent usually some money coming in is better than none? There is something I am missing here...

**malvolio** · 31 May 2008, 10:46

Originally posted by The Lone Gunman View Post

I think there is scope for other attitudes here.
Sure we have to accept that there is no job, but we sign up to contracts for periods of work. Our quotes are priced based on length of contract as well as work to be done and other costs.
Surely we should be entitled to compensation (via penalty clauses) if the client decides to terminate early.
It would be good business practice after all.

Yes it would. But if your client cannot pay you any more, whether for financial, political or personal reasons, the job has gone anyway. I've seen some pretty good worked examples of why it is simpy not financially viable to chase such lost work, based around it costing money to do so and while you're doing that you're also not earning either. So get it if you can, but the proper focus is ahead, not behind.

And if you think a client wants you in for a set time to deliver a set piece of work, offer to do it fixed price, invoiced on completion, or in sets of sub-deliverables, also invoiced on completion, but I bet you won't get it. The typical contractor's whole business model is actually quite risky.

Cancellation of contract