Contract terminated early without warning or notice

[Gingercat]

Hi my contract was recently terminated without notice . I signed a contract for a role which changed considerably in a short space of time - all outside of my control (I should have resigned but felt completing the contract was important). My skills no longer matched future requirements they terminated my contract 1 1/2 months early without any discussion / warning or notice and are refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

[cojak]

Yes they can. If there's no work for you then there's no work.

I terminated a contract for exactly the same reason, even when there was no notice period in the contract.

I will stay in a contract if the work is the same as the contract schedule, otherwise I have no problem terminating.

[Wanderer]

Hi my contract was recently terminated without notice. refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

Depends what your contract says.

I would also ask the client if they expect to pay the agency for your notice period or not.

You could issue them with an invoice for the notice period (if you have one) and follow it up from there with warning letters and legal action if they don't pay but it really depends on what your contract says so you might want to speak to someone like Safe Collections and get them to review your contract and tell you if you should be paid or not.

[northernladuk]

My skills no longer matched future requirements they terminated my contract 1 1/2 months early without any discussion / warning or notice and are refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

You want them to pay your notice period without you working it? Have a search on the forum as we have had a number of heated debates about getting paid notice period for nothing which will affect your IR35 status. Permies get paid notice period. Contractors don't IMO. If you can't do the work you don't get paid IMO. They could give you a years notice but if you don't work any of it you don't get paid.

I don't agree with sending invoices and sending warning letters. It won't do anything except make you look like a trouble maker which might come and bite you in the ass later on in your contracting career. Saying that I think it is a good idea to find out if your agent is getting your notice money. Would be an interesting situation that.

[kingcook]

You want them to pay your notice period without you working it? Have a search on the forum as we have had a number of heated debates about getting paid notice period for nothing which will affect your IR35 status. Permies get paid notice period. Contractors don't IMO. If you can't do the work you don't get paid IMO. They could give you a years notice but if you don't work any of it you don't get paid.

I don't agree with sending invoices and sending warning letters. It won't do anything except make you look like a trouble maker which might come and bite you in the ass later on in your contracting career. Saying that I think it is a good idea to find out if your agent is getting your notice money. Would be an interesting situation that.

I managed to get a copy of the client-to-agency contract once. I read in there that if, for whatever reaosn, the client decided that they did not want me to work an a/any particular day(s) then the client would still have to pay the agency.

It would be a different matter if I decided not to work (sickness, etc) - the client would not have to pay in this situation.

Of course I was never asked by client to not work.

[Wanderer]

I managed to get a copy of the client-to-agency contract once. I read in there that if, for whatever reaosn, the client decided that they did not want me to work an a/any particular day(s) then the client would still have to pay the agency.

And I bet you the agency would try to just pocket that money and not pay it to the contractor too....

[kingcook]

And I bet you the agency would try to just pocket that money and not pay it to the contractor too....

I'd say you were spot on there.

[BolshieBastard]

Hi my contract was recently terminated without notice . I signed a contract for a role which changed considerably in a short space of time - all outside of my control (I should have resigned but felt completing the contract was important). My skills no longer matched future requirements they terminated my contract 1 1/2 months early without any discussion / warning or notice and are refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

Did you do any research before you became a 'contractor'?

[d000hg]

Did you do any research before you became a 'contractor'?

You mean like why contractors use sham companies, why contracts have sham notice periods, etc?

[BolshieBastard]

You mean like why contractors use sham companies, why contracts have sham notice periods, etc?

You mean legally registered companies?

And notice periods are for permies. My contracts only have termination clauses, mostly just on the client side.

HTH.