If client terminates immediately - can you get them to pay notice?

[paulinefowlersgrowler]

Or I should say agency....

Im guessing I'd be flogging a dead horse here too. No work, no timesheet = no money.

Also, I've seen this clause in the contract:-

The Employment Business may terminate the Assignment
immediately and without notice in the following circumstances:
(a) the Relevant Consultant being in breach of any terms of the
Assignment;
(b) the Client going into receivership, insolvency, administration or any
other arrangement with its creditors, including, but not limited to,
receivership; or
(c) the Client terminating its contract with the Employment Business for
the services of the Relevant Consultant for any reason whatsoever.


Which I assume means if end client says to agency 'we dont want this contractor any more' they can terminate with no notice. This seems very harsh.

As per my other thread, few extensions in so I don't understand how they could say Im unsuitable.
If it happens, not holding up much hope but worth a tilt?

Not going to spend too much time on it but it might be worth a go in small claims for the fun of it if it happens...

[northernladuk]

You answered your own question on your second line.

[paulinefowlersgrowler]

:-(

Bit unfair that. So even if you've had a couple of extensions, client can, for whatever reason they want, just kick you out of the door one day and thats its?

[jamesbrown]

:-(

Bit unfair that. So even if you've had a couple of extensions, client can, for whatever reason they want, just kick you out of the door one day and thats its?

They can do whatever it says in the contract that you signed. In this case, the client can terminate for any reason without notice.

[centurian]

Bit unfair that. So even if you've had a couple of extensions, client can, for whatever reason they want, just kick you out of the door one day and thats its?

That's the main reason for using contractors - it isn't because of your charming personality.

[SueEllen]

You signed a contract with the last clause in it which means in your particular case no money.

[BolshieBastard]

Jesus, how many times has this been asked recently and the answer each time has been NO!

[SueEllen]

Jesus, how many times has this been asked recently and the answer each time has been NO!

To be fair I got notice paid when a client terminated me early and few other posters have as well.

In my case I didn't have a clause like that in my contract. The client had to have certain grounds to terminate me which they breached. However oddly the reason the client terminated me and the other contractors wasn't the client's fault so they could have got away with not paying us, but I suspect they got paid from the end-customer we were doing the work for.

[SteelyDan]

:-(

Bit unfair that. So even if you've had a couple of extensions, client can, for whatever reason they want, just kick you out of the door one day and thats its?

Always amazes me, when I read stuff like this, that we have 'contractors' on here who clearly:

• Cannot read
• Do not understand what they signed up for
• Have no idea about how contracting works

WTF: YNCOTBAC really
HTF do these people get on?
And WTF has a couple of previous extensions got to do with anything?

[BlasterBates]

The notice period is there for the agency. So the agency may decide they want someone else in who is cheaper or they may want to cut your rate, in those instances they would give you notice. In this instance the client has simply decided they don't need you anymore, so no notice needs to be given. Harsh I'm afraid but true. But it is clear in the contract.

I have been given notice by an agency and the purpose was to cut the rate.

The subtle difference is the client wants to keep you on but under different terms.

Now there maybe an argument that a clause like that is not really legal or can't be used in that way, but it would cost a lot of money to find out, so best move on. It's not like chasing an unpaid invoice.

Not very professional of the client to dump people without notice like that, but following the forum seems to happen from time to time.