**termination with no notice - breach of contract**court case *help needed*

[centurian]

So why have the AWR been brought in then?

Contractors didn't ask for them, or want them. And if enough contractors start suing clients - and winning, expect to see the end of contracting. What's in it for clients. They might just as well get an agency temp - and pay temp rates.

I am not being highly compensated for 'No Rights'

You are - despite what anyone says - that's what's in the eyes of senior management.

In my game there is'nt that much difference to the permies!

Then you need to change your game. Either go permie, go agency temp, or up your rates so that you do feel adequately compensated.

[eek]

Read that article - but it does not apply in this case - I can understand if there is no work - but this is not the case - I was told by the agency the client has replaced with another contractor - the basis of the termination that I was responsible for a certain project - I have in black & white that I was'nt & it could never be proved I was? its obvious what occurred - blame the contractor .. as the ones who really screwed it up necks were on the line - I think each case should be dealt with on the facts not just this sweeping 'well thats contracting' it isn't! Most businesses are ethical .. either way I dont think I can lose cos at least then contractors will know where we stand if a precedence is set .. either way.

Each to their own but personally I think you are wasting your money (and if its not in the small claims court it could be a very large sum of money if you lose and they are awarded costs).

[TheFaQQer]

Contractors didn't ask for them, or want them. And if enough contractors start suing clients - and winning, expect to see the end of contracting.

On the basis of this thread, there's no chance of that happening

[KittyCat]

To the FAQQAR

They gave me their standard terms & conditions (small print after the assignment schedule was signed) - I did not give mine.

[craig1]

Read that article - but it does not apply in this case - I can understand if there is no work - but this is not the case - I was told by the agency the client has replaced with another contractor - the basis of the termination that I was responsible for a certain project - I have in black & white that I was'nt & it could never be proved I was? its obvious what occurred - blame the contractor .. as the ones who really screwed it up necks were on the line - I think each case should be dealt with on the facts not just this sweeping 'well thats contracting' it isn't! Most businesses are ethical .. either way I dont think I can lose cos at least then contractors will know where we stand if a precedence is set .. either way.

This is my last post on this... Where in your contract does it say that they need to be able to prove incompetence to terminate your contract?

In your own words, you said they can get rid of you by simply consulting with the client. A consultation does not have to be a formal sit-down, it can be a three word conversation on the phone? Agent: KittyCat? Client: Bin. Agent: OK. And you're gone.

Where's the difficulty with that? Every single other thing you say is 100% irrelevant if you fail that simple test. Utterly irrelevant and you're setting yourself up for a big and disappointing fall if you believe otherwise.

[KittyCat]

To FAQQER

*Even though this Agreement may have been terminated, any clause which is intended to have effect following termination, shall survive and continue in effect.
*If at any time any term or provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this Agreement, but the enforceability of the remainder of this Agreement shall not be affected.

[KittyCat]

These Standard Terms and all matters arising in relation to any engagement governed by them are governed by English law and are subject to the exclusive jurisdiction of the English Courts.

[SueEllen]

They gave me their standard terms & conditions (small print after the assignment schedule was signed) - I did not give mine.

Did you make it clear to the agency that you rejected them? If you didn't then you have added more to your own troubles.

Further to that Craig1 is right - if you agreed to a clause where the end-client could remove you with consultation with the agency then there is nothing you can do. It was up to you to negotiate that clause and make sure that the client could only have a reasonable excuse to remove you. (Even then such excuses are easy to make up i.e. you don't have the right skills for a particular piece of work.)

You illustrate one reason why if I don't like how a contract is written I get it reviewed, clauses rewritten and negotiated using a solicitor. I don't care how big or small the agency is.

[SueEllen]

*Even though this Agreement may have been terminated, any clause which is intended to have effect following termination, shall survive and continue in effect.
*If at any time any term or provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this Agreement, but the enforceability of the remainder of this Agreement shall not be affected.

I think virtually every work related contract I've ever signed whether as a temp, permie or contractor has such statements.

It's just a way of ensuring if there are unenforceable clauses such as the anti-competitive clauses, which are often ignored by both parties and rarely contested, the rest of the contract stands.

[KittyCat]

To Craig1

Completely disagree with your simplicity - if all business were conducted that way - there would be no business! Contracts are there for a reason! for both parties - business can only operate if there are agreed terms & fairness - if they are ambiguous & unfair business relationships fail - its not something we need! I dont agree with the small-mindedness of 'O well I get paid a good rate' - singular! or maybe you think your conning it so you deserve no rights?