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

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

    Hi all,

    I've spent hours reading through the posts here and, as expected, there's tons about early termination of contracts - but I couldn't find anything that matched my circumstances so I thought I'd post to get people's advice.

    Yesterday I got a call from the agency saying my contract had been terminated with immediate effect because of an event that happened on a boozy work night out *5* weeks ago - apparently I had made advances towards a female colleague.

    Obviously I hadn't, and everyone was really drunk by the end of the evening, but all the woman there I have since seen (not daily, but on several occasions) in work and they have been absolutely fine, and friendly, and there has been no sexually suggestive contact at all. I have not had any communications with them over email, ms communicator or text/mobile phone.

    So my confusions are;

    1. Why is this happening 5 weeks after the event?
    2. If this supposedly happened outside of work and there's been nothing at all in work - is it even relevant to my contract?
    3. Is it normal for what amounts to basically a verbal accusation from someone who has nothing directly to do with my work (and therefore cannot vouch/comment on my quality of work or working relationships with others) have enough weight to terminate my contract without me even being spoken about it first?!?

    There were a couple of people out that are friends of mine from before me working there and I am talking to them to try and gather evidence should I think about taking it further, which of course I really don't want to, but may have to, but evidence from a bunch of drunk people, 5 weeks after an event (as anyone who's ever worked for the police or such establishments will know) is basically as good as evidence from a 3 year old child.

    I'm not new to this, my previous contract was also terminated early, but due to other reasons and yes, I was pi**ed off, but I just sucked it up and got on. But this time it feels like it's just all too fluffy and non existent to be left alone, and if for nothing else, I really don't want a sexual harassment kind of tag left against me when the contractor sector/location I work in is very small and pretty much everyone knows everyone else!!!

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

    Cheers!

    #2
    ????

    Originally posted by gadgetdude View Post
    Hi all,

    I've spent hours reading through the posts here and, as expected, there's tons about early termination of contracts - but I couldn't find anything that matched my circumstances so I thought I'd post to get people's advice.

    Yesterday I got a call from the agency saying my contract had been terminated with immediate effect because of an event that happened on a boozy work night out *5* weeks ago - apparently I had made advances towards a female colleague.

    Obviously I hadn't, and everyone was really drunk by the end of the evening, but all the woman there I have since seen (not daily, but on several occasions) in work and they have been absolutely fine, and friendly, and there has been no sexually suggestive contact at all. I have not had any communications with them over email, ms communicator or text/mobile phone.

    So my confusions are;

    1. Why is this happening 5 weeks after the event?
    2. If this supposedly happened outside of work and there's been nothing at all in work - is it even relevant to my contract?
    3. Is it normal for what amounts to basically a verbal accusation from someone who has nothing directly to do with my work (and therefore cannot vouch/comment on my quality of work or working relationships with others) have enough weight to terminate my contract without me even being spoken about it first?!?

    There were a couple of people out that are friends of mine from before me working there and I am talking to them to try and gather evidence should I think about taking it further, which of course I really don't want to, but may have to, but evidence from a bunch of drunk people, 5 weeks after an event (as anyone who's ever worked for the police or such establishments will know) is basically as good as evidence from a 3 year old child.

    I'm not new to this, my previous contract was also terminated early, but due to other reasons and yes, I was pi**ed off, but I just sucked it up and got on. But this time it feels like it's just all too fluffy and non existent to be left alone, and if for nothing else, I really don't want a sexual harassment kind of tag left against me when the contractor sector/location I work in is very small and pretty much everyone knows everyone else!!!

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

    Cheers!
    What did you actually do.? If you can't remember then you are probably guilty

    I remember at a works do a fellow contractor getting his Knob out onto the table, and next day with his hand up to god telling everyone it was not him - A few photos soon put him right

    Comment


      #3
      No point asking why it took so long. That is completely irrelevant to your situation.. If you are interested it could have been because they are taking legal advice, time taken to see if things calm down, maybe she pondered it for awhile and couldn't feel comfortable so finally reported it. I would think the legal eagles will have had it a few weeks as well. Either way, it doesn't matter....

      Your client is your customer. Everything you do is relevant. It is about your professional attitude to their work at all times, boozy nights out or in the office. You are not a permie, you cannot get away with this type of stuff. You do not work for the client so there is no reason whatsoever the need to mediate or investigate. They protect their own and take the easy option to bin you. No brainer really.

      Being a contractor they can drop you for whatever reason you are, it's part of the way we work. We are flexible workers to do work as the client requests. If they want to finish us for finishing the work early, cause they want to replace you with a permie or bin you because of potential legal issues they can.

      You are going to have suck this one up and re-think your attitude to your client. As a contractor I try avoid boozy nights out unless it is a business related on. These people are not your colleagues or friends, they are your customers. Most won't be very pleased you are earning so much more than them anyway so in most clients you have a perception problem from the off. Getting cosy with them isn't always the best approach.

      Take it on the chin, hope this never surfaces again when references are checked and leave with as little fuss as possible in my book.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Originally posted by northernladuk View Post
        No point asking why it took so long. That is completely irrelevant to your situation.. If you are interested it could have been because they are taking legal advice, time taken to see if things calm down, maybe she pondered it for awhile and couldn't feel comfortable so finally reported it. I would think the legal eagles will have had it a few weeks as well. Either way, it doesn't matter....

        Your client is your customer. Everything you do is relevant. It is about your professional attitude to their work at all times, boozy nights out or in the office. You are not a permie, you cannot get away with this type of stuff. You do not work for the client so there is no reason whatsoever the need to mediate or investigate. They protect their own and take the easy option to bin you. No brainer really.

        Being a contractor they can drop you for whatever reason you are, it's part of the way we work. We are flexible workers to do work as the client requests. If they want to finish us for finishing the work early, cause they want to replace you with a permie or bin you because of potential legal issues they can.

        You are going to have suck this one up and re-think your attitude to your client. As a contractor I try avoid boozy nights out unless it is a business related on. These people are not your colleagues or friends, they are your customers. Most won't be very pleased you are earning so much more than them anyway so in most clients you have a perception problem from the off. Getting cosy with them isn't always the best approach.

        Take it on the chin, hope this never surfaces again when references are checked and leave with as little fuss as possible in my book.
        I know

        It's just that I'm so confident I did nothing wrong, I didn't want to be taken the pi*ss out of. I know we're contractors, and therefore hired help and nothing to do with the company or permies, but that doesn't mean we're not human beings!

        And whilst I completely agree with you that I most likely need to just suck it up (again!) and carry on, on the other hand, at what point do you think "Hang on, this isn't because I'm a contractor and it's easy for them, this is just them taking it too far and making a personal/character assassination and I need to do something to ensure my name doesn't get unduly smeared with crap."

        Comment


          #5
          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......
          ContractorUK Best Forum Adviser 2013

          Comment


            #6
            The quality of sockies lately is very poor...

            Comment


              #7
              Originally posted by stek View Post
              The quality of sockies lately is very poor...
              This could actually be true for once.

              If you go out for a works event with clients DO NOT GET DRUNK.

              Even if you behave yourself if someone accuses you of inappropriate behaviour you are stuffed.
              "You’re just a bad memory who doesn’t know when to go away" JR

              Comment


                #8
                I know one guy who unwittingly offered-out the Program Manager on a project night out for dancing in his way!

                Canned next day.

                Comment


                  #9
                  Originally posted by gadgetdude View Post
                  Hi all,

                  I've spent hours reading through the posts here and, as expected, there's tons about early termination of contracts - but I couldn't find anything that matched my circumstances so I thought I'd post to get people's advice.

                  Yesterday I got a call from the agency saying my contract had been terminated with immediate effect because of an event that happened on a boozy work night out *5* weeks ago - apparently I had made advances towards a female colleague.

                  Obviously I hadn't, and everyone was really drunk by the end of the evening, but all the woman there I have since seen (not daily, but on several occasions) in work and they have been absolutely fine, and friendly, and there has been no sexually suggestive contact at all. I have not had any communications with them over email, ms communicator or text/mobile phone.

                  So my confusions are;

                  1. Why is this happening 5 weeks after the event?
                  2. If this supposedly happened outside of work and there's been nothing at all in work - is it even relevant to my contract?
                  3. Is it normal for what amounts to basically a verbal accusation from someone who has nothing directly to do with my work (and therefore cannot vouch/comment on my quality of work or working relationships with others) have enough weight to terminate my contract without me even being spoken about it first?!?

                  There were a couple of people out that are friends of mine from before me working there and I am talking to them to try and gather evidence should I think about taking it further, which of course I really don't want to, but may have to, but evidence from a bunch of drunk people, 5 weeks after an event (as anyone who's ever worked for the police or such establishments will know) is basically as good as evidence from a 3 year old child.

                  I'm not new to this, my previous contract was also terminated early, but due to other reasons and yes, I was pi**ed off, but I just sucked it up and got on. But this time it feels like it's just all too fluffy and non existent to be left alone, and if for nothing else, I really don't want a sexual harassment kind of tag left against me when the contractor sector/location I work in is very small and pretty much everyone knows everyone else!!!

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

                  Cheers!
                  If the agency had just said that it was terminated with immediate effect, but didn't give you a reason, what would your attitude be? It may well be that there are other factors at play, and this might be an easy way out for them.

                  As long as they are in their rights to terminate the contract like this, then there is nothing that you can do. If they can't, then you need to raise that with the agency, regardless of the reasons for termination being given.
                  Best Forum Advisor 2014
                  Work in the public sector? You can read my FAQ here
                  Click here to get 15% off your first year's IPSE membership

                  Comment


                    #10
                    Originally posted by SueEllen View Post
                    This could actually be true for once.

                    If you go out for a works event with clients DO NOT GET DRUNK.

                    Even if you behave yourself if someone accuses you of inappropriate behaviour you are stuffed.
                    Yep. Another good reason for avoiding permie socials.
                    And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014

                    Comment

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