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

[KittyCat]

For the love of God - if there is a termination clause in the contract which gives the agency the right to terminate with no notice, then the contract is being honoured.

Even if it is illegal! & despite all other clauses ..thank god for christ

[KittyCat]

Thanks -still Court

Liked all the responses .. made me think about stuff i'd missed ..all good for the case .. having read responses .. I'm still going ahead..I realise they are from solicitors! maybe I'll represent myself - after all the truth prevails beyond bulltulip! & thats all I've heard! I'll abide by the Judge.

[craig1]

Liked all the responses .. made me think about stuff i'd missed ..all good for the case .. having read responses .. I'm still going ahead..I realise they are from solicitors! maybe I'll represent myself - after all the truth prevails beyond bulltulip! & thats all I've heard! I'll abide by the Judge.

Ah well... good luck but I think you'll need far more than that...

So... assuming the serious stuff is probably pointless from here on, here's something I think you should take to heart:

[oracleslave]

craig1 and Faq:

[Wanderer]

All Companies are governed by law, there are many bodies that govern, if they win - it will have massive consequences - as effectively a contractor is an 'underclass' no rights .. on the other hand if I win - Agencies will need to change the terms & act fairly

Well, I think you have gone as far as you can discussing the topic here I don't think there is much more people can add without getting argumentative and that's a waste of your energies. Time to move forward with your legal action, you are certainly determined enough.

Make sure you let us know how you get on, we would all be interested to know. Good luck

[KittyCat]

Yes I'll be sure to broadcast the results of the case - I would still like to know if anyone has taken it this far before - so if anyone out there has pls let me know - & I now work for one of the highest organisations that deal with ethics & compliance - I know how companies can be investigated for all sorts of failures ..I have moved on .. but I'll still stand up for myself .. like I said I'll abide by the Judge!

[keninparis]

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

I think you need help. Maybe try your GP first (in case you need some happy pills when your legal action fails).

[DonkeyRhubarb]

We are about to take someone to civil court in a probate dispute. We've got a very strong case. The person we're making a claim against has the means to settle but it will probably ruin him if he loses and has to pay costs.

Our pockets are much deeper than his. In the worst case scenario, we can afford to lose and pay costs.

There's no way I would take on a big company or anyone who has a lot more money than me.

Sadly, justice is often decided by the size of your wallet.

[sbakoola]

I've often felt angry and upset at clients and employers for many years off and on as both permie and contract.

Interestingly back in the mid 1990s people in companies were alot more abusive I remember and they would get away with many breaches of contract - there was a point when I was younger 23ish I thought of taking an employer to an industrial tribunual and I was gathering evidence to do this; in the end I thought like most people "whatever, it will be too much effort.. I may be blacklisted in the industry etc. move on " .. looking back I regret that I didn't pursue it, the managers that were dishing out the abuse and malicious behaviours which were essentially 'gross misconduct' these days those same "managers" are limping around lower end permiedom in "career over" IT sites just outside the M25 - I knew back then they were really lame people who were causing serious problems for me but proving that was going to be tough. These days there is no "excess fat" in London high end jobs and this is where these types of talentless people tend to end up.

You may think that I'm over sensative etc. but back in the 1990s I had a wierdo bang his fist on the desk threating to kill me, throwing erasers at me for no real reason (seemed he was taking his problems to work with him) ...turned out he had a mentally ill wife who was not that way apparently when they married, he once upon a time went door to door selling Christianity and Bibles and was apparently a real fighter for "womens rights", yet drove some women away from the team with his sniping comments, him telling me I wouldn't receive a bonus this year because I said something that he didn't agree with ... he wasn't even my manager ! After he left and the slimy manager left the follow up managers were a nightmare also, it was like hell back in the 1990s. These days thankfully all is rather better and more fair with not so many nutters around...suprisngly although the most common complaint of mine is employers "not being truthful / correct when telling you what sort of work you'll be doing / skills you'll be using in the new contract".

Rant aside I would say that the workplace getting better these days .. in terms of reduced abuse and people treading more carefully as employees (sometimes even contractors) sue alot more and no one wants to get involved in a legal dispute with the additional load of work.

I've noticed on these forums that people tear you down with mockery and sarcasm as you quizz whether not the legal route is a viable option for breach of contract, I think this is for fear of contractors getting a bad name in the industry for suing .. it will make employers thing twice before attempting to employ contractors in the future if they can be equally damaging as a permie employee.

- note - when I was permie in an IB I got talking to a guy who did trade floor support and he told me that he and other members of the team had grouped together to legally fight a manager who was putting them all on a disciplinary whilst employed there (he told me this whilst still within the IB)... it turned out that the won the case and the manager left or was sacked... he later left the company after the stink and then re-joined.. he got a Solicitor to help on a NO-WIN NO FEE basis (one based in The City).. he didn't disclose how much he won or didn't win in compensation.... but get this .. he later RE-JOINED that same IB where there was all the trouble !!! so don't worry about the black list thing too much. I say go for it but DO NOT SPEND A FORTUNE TRYING TO PROVE A POINT ... there are other ways in which you can get back at individuals who have screwed you over...

Good luck.

[keninparis]

I've often felt angry and upset at clients and employers for many years off and on as both permie and contract.

Interestingly back in the mid 1990s people in companies were alot more abusive I remember and they would get away with many breaches of contract - there was a point when I was younger 23ish I thought of taking an employer to an industrial tribunual and I was gathering evidence to do this; in the end I thought like most people "whatever, it will be too much effort.. I may be blacklisted in the industry etc. move on " .. looking back I regret that I didn't pursue it, the managers that were dishing out the abuse and malicious behaviours which were essentially 'gross misconduct' these days those same "managers" are limping around lower end permiedom in "career over" IT sites just outside the M25 - I knew back then they were really lame people who were causing serious problems for me but proving that was going to be tough. These days there is no "excess fat" in London high end jobs and this is where these types of talentless people tend to end up.

You may think that I'm over sensative etc. but back in the 1990s I had a wierdo bang his fist on the desk threating to kill me, throwing erasers at me for no real reason (seemed he was taking his problems to work with him) ...turned out he had a mentally ill wife who was not that way apparently when they married, he once upon a time went door to door selling Christianity and Bibles and was apparently a real fighter for "womens rights", yet drove some women away from the team with his sniping comments, him telling me I wouldn't receive a bonus this year because I said something that he didn't agree with ... he wasn't even my manager ! After he left and the slimy manager left the follow up managers were a nightmare also, it was like hell back in the 1990s. These days thankfully all is rather better and more fair with not so many nutters around...suprisngly although the most common complaint of mine is employers "not being truthful / correct when telling you what sort of work you'll be doing / skills you'll be using in the new contract".

Rant aside I would say that the workplace getting better these days .. in terms of reduced abuse and people treading more carefully as employees (sometimes even contractors) sue alot more and no one wants to get involved in a legal dispute with the additional load of work.

I've noticed on these forums that people tear you down with mockery and sarcasm as you quizz whether not the legal route is a viable option for breach of contract, I think this is for fear of contractors getting a bad name in the industry for suing .. it will make employers thing twice before attempting to employ contractors in the future if they can be equally damaging as a permie employee.

- note - when I was permie in an IB I got talking to a guy who did trade floor support and he told me that he and other members of the team had grouped together to legally fight a manager who was putting them all on a disciplinary whilst employed there (he told me this whilst still within the IB)... it turned out that the won the case and the manager left or was sacked... he later left the company after the stink and then re-joined.. he got a Solicitor to help on a NO-WIN NO FEE basis (one based in The City).. he didn't disclose how much he won or didn't win in compensation.... but get this .. he later RE-JOINED that same IB where there was all the trouble !!! so don't worry about the black list thing too much. I say go for it but DO NOT SPEND A FORTUNE TRYING TO PROVE A POINT ... there are other ways in which you can get back at individuals who have screwed you over...

Good luck.

There's no way I would take on a big company or anyone who has a lot more money than me.

Sadly, justice is often decided by the size of your wallet.

Agree with Donkey. IMO better off concentrating on efforts to get next contract. We'll all probably been screwed at some point (that's life). Proving points doesn't pay for my weekend pad in Paris.