Early termination of contract due to issue on a work drinks evening

[LisaContractorUmbrella]

From an employment law point of view I believe that any work events are classed as being part of that employment - so an employer can get sued if one of their staff gets hurt whilst falling over drunk at their Christmas Party for example, or be held liable for the actions of their staff.

You're not staff of course, but it might explain their thinking......

You are right Clare - in theory, under the Equalities Act, an employer can be sued by an employee who was sexually harassed if the employer has not put in the correct procedures for ensuring that that sort of thing can't happen whether it be in work or outside. From memory I think the example said that an employer would need to make it clear beyond doubt that inappropriate conduct which could be construed as sexual harassment is not acceptable to the business and such conduct would result in disciplinary action - should be included in staff handbook with reminders to all staff before events.

[gadgetdude]

You are right Clare - in theory, under the Equalities Act, an employer can be sued by an employee who was sexually harassed if the employer has not put in the correct procedures for ensuring that that sort of thing can't happen whether it be in work or outside. From memory I think the example said that an employer would need to make it clear beyond doubt that inappropriate conduct which could be construed as sexual harassment is not acceptable to the business and such conduct would result in disciplinary action - should be included in staff handbook with reminders to all staff before events.

Thing is, I completely agree with you both. But as a contractor, and certainly in this case, you don't see a handbook as you're not actually a member of staff. So no induction, no handbook, no health and safety brief etc. You're not even shown where the fire exits are and what to do if the alarm goes off! So it's a bit of a grey area really as to whether a corporate code of conduct applies to a contractor, if they've never actually been shown the code of conduct!

Though I'm sure if it was questioned, it'll be answered with something along the lines of "It's on the intranet and all staff, permanent and temporary are made aware of the location" or something.

And this wasn't a big staff doo anyway, it was just a few of us from the department I work in out for drinks (maybe 10ish of us?)! Not a big corporate party!

[TheFaQQer]

Thing is, I completely agree with you both. But as a contractor, and certainly in this case, you don't see a handbook as you're not actually a member of staff. So no induction, no handbook, no health and safety brief etc. You're not even shown where the fire exits are and what to do if the alarm goes off! So it's a bit of a grey area really as to whether a corporate code of conduct applies to a contractor, if they've never actually been shown the code of conduct!

Though I'm sure if it was questioned, it'll be answered with something along the lines of "It's on the intranet and all staff, permanent and temporary are made aware of the location" or something.

And this wasn't a big staff doo anyway, it was just a few of us from the department I work in out for drinks (maybe 10ish of us?)! Not a big corporate party!

It was, perhaps, naive of the agency to even mention WHY they are terminating the contract. If it were me, I would have just told you "in line with contract clause XYZ, we are terminating the contract with immediate effect". Giving a reason when you don't have to potentially opens you up to liability.

[gadgetdude]

It was, perhaps, naive of the agency to even mention WHY they are terminating the contract. If it were me, I would have just told you "in line with contract clause XYZ, we are terminating the contract with immediate effect". Giving a reason when you don't have to potentially opens you up to liability.

Nice. Remind me never to work with you

But in all honesty, not sure how that opens them up to any kind of liability really. I still don't see how I have a leg to stand on, as at the end of the day the client could make up anything if they wanted to each time I dispute something they could simply make up something new. Time to move on me thinks.

[Wanderer]

Any help/advice would be fab, any legal advice would be fantastic!!

What does your contract say? If it has a notice period then they have to pay you for that notice period if they terminate the contract without notice.

If it has no notice period then they can just terminate it.

[gadgetdude]

What does your contract say? If it has a notice period then they have to pay you for that notice period if they terminate the contract without notice.

If it has no notice period then they can just terminate it.

It doesn't mention a notice period

Mind you, I've had a contract in the past terminated, and that did have a notice period, but they just made up a reason that then made the notice period null and void so they get round it one way or another.

In my experience, duration of contracts and notice periods, when you're a contractor, mean absolutely horse sh*t. If you complete a days work, you're a days pay better off. That's as far ahead as you can look and plan imho!

[gadgetdude]

Also I now have another problem! I may have another contract lined up in my town (so very close to each other really) and have been talking to them about possibilities, they were surprised when I told them my contract *might* be finishing soon.

So, do I continue to fabricate some reason why the contract has been cut short (budget cuts, end of project, etc.) or do I come clean and say "I was accused of something I did (which I didn't) on a works night out and was never given any opportunity to give my comment before they terminated the contract"....

Thoughts people?

[TheFaQQer]

Also I now have another problem! I may have another contract lined up in my town (so very close to each other really) and have been talking to them about possibilities, they were surprised when I told them my contract *might* be finishing soon.

So, do I continue to fabricate some reason why the contract has been cut short (budget cuts, end of project, etc.) or do I come clean and say "I was accused of something I did (which I didn't) on a works night out and was never given any opportunity to give my comment before they terminated the contract"....

Thoughts people?

"Personality clash"
"The direction of the project wasn't something I was happy in taking"
"Surplus to requirements"

All of those could accurately describe what has happened to you

[Old Greg]

"Personality clash"
"The direction of the project wasn't something I was happy in taking"
"Surplus to requirements"

All of those could accurately describe what has happened to you

They recruited a permie to take your place.

[SueEllen]

Yep. Another good reason for avoiding permie socials.

Trick is to go for one and then make your excuses for leaving.