Contract ended - 'not the right skills'

[tgardener]

Hi,

I'm having a prolonged discussion around obtaining payment in lew of notice. Facts are:
* Interviewed, Presented and detailed my approach for role
* Started 4th month
* Ended 15th month
* 1 week into contract, manager stated tht "she wanted an old fasioned buyer" (I have never been a buyer, nor stated thus)
* I instigated discussion as manager had issues around my skill set
* Manager after some discussion, agreed that I should leave that day
* I offered to work the contracted 2 weeks notice
* Manager said that it we would "..call it a day..."
* Later that day, when I spoke with my agent, I asked about notice pay
* Agent stated that "...because I had ageed I did not have the skill set required, no notice pay would be forthcomming."

So question is, where do I stand? Not been in this situation ever, have kept conversation open, but to no avail. Do I have a hope?

Your thoughts/advice would be greatly appreciated.

Thanks.

[RichardCranium]

Hi,

I'm having a prolonged discussion around obtaining payment in lieu of notice. Facts are:
* Interviewed, Presented and detailed my approach for role
* Started 4th month
* Ended 15th month

Ah. That's a couple of weeks ago. Your options are now rather limited.

* 1 week into contract, manager stated that "she wanted an old fashioned buyer" (I have never been a buyer, nor stated thus)

= "Now I have seen what I can have, I finally understand what I need". It happens.

* I instigated discussion as manager had issues around my skill set
* Manager after some discussion, agreed that I should leave that day
* I offered to work the contracted 2 weeks notice
* Manager said that it we would "..call it a day..."

There were a couple of things you could have tried at that point, but they are clutching at straws and probably wouldn't have worked anyway.

* Later that day, when I spoke with my agent, I asked about notice pay
* Agent stated that "...because I had agreed I did not have the skill set required, no notice pay would be forthcoming."

Arse.

So question is, where do I stand?

You don't. You're sitting on the bench.

Not been in this situation ever, have kept conversation open, but to no avail. Do I have a hope?

Not really.

Your thoughts/advice would be greatly appreciated.

One of the services we contractors provide to clients is that they can get rid of us easily. Because of this, we get paid more to cover the risk.

The agency won't give you any money unless they know the client will pay them. Which they won't. The time and money you would now need to invest in court action for 2 weeks' money (which it is not guaranteed you would win) would be better spent looking for another role.

Chalk it up to experience and don't worry about it.

Pros of contracting: we can get the hell out of there.
Cons of contracting: they can get us the hell out of there.

[DeludedAussie]

Ah. That's a couple of weeks ago. Your options are now rather limited.

= "Now I have seen what I can have, I finally understand what I need". It happens.

There were a couple of things you could have tried at that point, but they are clutching at straws and probably wouldn't have worked anyway.

Arse.

You don't. You're sitting on the bench.

Not really.

One of the services we contractors provide to clients is that they can get rid of us easily. Because of this, we get paid more to cover the risk.

The agency won't give you any money unless they know the client will pay them. Which they won't. The time and money you would now need to invest in court action for 2 weeks' money (which it is not guaranteed you would win) would be better spent looking for another role.

Chalk it up to experience and don't worry about it.

Pros of contracting: we can get the hell out of there.
Cons of contracting: they can get us the hell out of there.

Good post and stuff I agree with - I ve not been in this situation but I would be rather furious if it happened to me

A notice period should be paid for even if you dont work there

[RichardCranium]

A notice period should be paid for even if you don't work there

He was 'sacked' (kicked off site for breach of contract, actually) for not having the skills they wanted.

(The fact they changed what they wanted after he started is a different argument, which I doubt he could now win.)

[BolshieBastard]

A notice period should be paid for even if you dont work there

Yes. Especially if you want HMRC to view you as a disguised employee. But dont take my word for it, run that one past any reputable contract review company and see what they say about being paid in lieu of notice.

I know I did.

[Wanderer]

Yes. Especially if you want HMRC to view you as a disguised employee. But dont take my word for it, run that one past any reputable contract review company and see what they say about being paid in lieu of notice.

Not being funny, but why do they put the notice period in there? I mean, if they decide to dump the contractor then fair enough but if they have no intention of paying the notice period then why is the client -> worker notice period even in the contract? What does it mean?

[BolshieBastard]

Not being funny, but why do they put the notice period in there? I mean, if they decide to dump the contractor then fair enough but if they have no intention of paying the notice period then why is the client -> worker notice period even in the contract? What does it mean?

Its the client \ agent being anal.

[tgardener]

Not being funny, but why do they put the notice period in there? I mean, if they decide to dump the contractor then fair enough but if they have no intention of paying the notice period then why is the client -> worker notice period even in the contract? What does it mean?

Hmmmm, if the shoe was on the other foot, I would suggest that the client would expect some compensation for a sudden depature...

Just seems very unfair, the contractor (me in this case) is a soft target and now quite out of pocket.

[tgardener]

He was 'sacked' (kicked off site for breach of contract, actually) for not having the skills they wanted.

(The fact they changed what they wanted after he started is a different argument, which I doubt he could now win.)

Seems very unfair to me.

[cojak]

They might expect it but they wouldn't get it.

In this business you can expect a quick pick up but if it does't work quick drop-off too.

That's the risk of being a contractor.