Contract early termination

[raamsudhakar]

Hi,

Need a small suggestion.
I joined a company as an IT contractor and terminated early after working for 10 days.
There is no proper place to sit and work along with sanitation.
My time sheets has been approved for 10 days however agency is not paying it.
Can i proceed legally on them ?

Regards,

[GlenW]

Hi,

Need a small suggestion.
I joined a company as an IT contractor and terminated early after working for 10 days.
There is no proper place to sit and work along with sanitation.
My time sheets has been approved for 10 days however agency is not paying it.
Can i proceed legally on them ?

Regards,

Why do you want to sit and work along with sanitation?

[TheFaQQer]

Can i proceed legally on them ?

What does your contract say about your right to terminate early? What is your opt out status?

[Batcher]

Is it based in the UK or offshore?

[Taita]

Hi,

Need a small suggestion.
I joined a company as an IT contractor and terminated early after working for 10 days.
There is no proper place to sit and work along with sanitation.
My time sheets has been approved for 10 days however agency is not paying it.
Can i proceed legally on them ?

Regards,

You can proceed legally or illegally against anyone. Your contract is with the agency. For the moment, put aside bad or unacceptable work or environmental conditions which only have a secondary bearing on your premature, unilateral termination of your contract.

What do the termination conditions say?

If you did not opt out, try again informing the agency that they are not entitled to withhold payment. If they still do not pay, engage a good lawyer or learn to whistle.

[SpontaneousOrder]

Hi,

Need a small suggestion.
I joined a company as an IT contractor and terminated early after working for 10 days.
There is no proper place to sit and work along with sanitation.
My time sheets has been approved for 10 days however agency is not paying it.
Can i proceed legally on them ?

Regards,

We have to guess why they aren't paying? I like games!
Did it say go directly to jail. Do not pass go, do not collect £200?

If you tell us why and what your contract says I'm sure some of the old-timers will have god advice for you.

[YoFezzo]

Early termination

Hi, Apologies for jumping in on this thread but i have a similar situation,

was due to leave a contract on the 27th of feb,

notice given on the 11th of feb, notice is either 7 days or 30 in writing not sure which one i'm entitled to.

Timesheet was signed by manager up to Feb 27th and i agreed to leave, his words to me are "its not working out".

I was quite happy to leave early so long as i was paid up the remainder as no professional reaons were given for my early notice.

I had witnesses to these events from the companies HR dept.

Later that evening i receive an email from the agency advising my contract was terminated without any obligation?

I obviously have questioned this and have been met with this response from the agency.

"to confirm that we are following up this situation with our client but we’re not sure when to expect a final decision. We will see if they are going to pay beyond 11th February and let you know as soon as we know. As it stands, on 11th February we gave notice to Network One on the contracts between Scope AT and Network One forthwith, without notice and without liability"

my contract states this but i don't understand the whole terminology,

9. TERM AND TERMINATION
9.1. This Agreement shall commence on the date set out in the Schedule and shall continue until completion of the Consultancy Services to the reasonable satisfaction of the Client at which time this Agreement shall expire automatically unless previously terminated by the Employment Business or the Consultancy giving the other party the period of notice specified in the Schedule.
9.2. Notwithstanding clauses 9.1 and 9.3 of this Agreement, the Employment Business may without notice and without liability instruct the Consultancy to cease work on the Assignment at any time, where:
9.2.1. the Consultancy has acted in breach of the rules and regulations applicable to third parties providing services to the Client; or
9.2.2. the Consultancy has committed any serious or persistent breach of any of its obligations under this Agreement; or
9.2.3. the Client reasonably believes that the Consultancy has not observed any condition of confidentiality from time to time; or
9.2.4. the Client is dissatisfied with the Consultancy’s provision of the Consultancy Services and has terminated the Assignment; or
9.2.5. either the Client or the Consultancy is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due, is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; or
9.2.6. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the Client or the Consultancy; or
9.2.7. an order is made for the winding up of either the Client or the Consultancy, or where either the Client or the Consultancy passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation or amalgamation where the resulting entity will assume all the obligations of the other party under this Agreement); or
9.2.8. any member of the Consultancy Staff is suspected of any fraud, dishonesty or serious misconduct; or
9.2.9. the Consultancy is unable to perform the Consultancy Services for 1 week or more.
9.3. The Consultancy acknowledges that the continuation of the Assignment is subject to and conditioned by the continuation of the contract entered into between the Employment Business and the Client. In the event that the contract between the Employment Business and the Client is terminated for any reason the Assignment shall cease with immediate effect without liability to the Consultancy.
9.4. Failure by the Consultancy to give full and proper notice of termination as required in the Schedule attached shall constitute a breach of contract and shall entitle the Employment Business to claim damages from the Consultancy for any resulting Losses suffered by the Employment Business.


From what i've read on this very good website is that if i have a signed timesheet then this should be paid without question,
I was clearly given notice then advised they changed it to a termination.
My manager had to actually get the timesheet from the agency so they were fully aware i was being given notice?
i may have to pursue it through small claims (claim amount is around £1875 and cost for this around £100)

My umbrella company seem reluctant to chase this so i've emailed the client today with the facts and asked them to try and resolve.

I feel my words will fall on deaf ears so wish to proceed legally,

any advice as to whether i'm right to do this would be appreciated as a big part of me cannot be bothered,
i've got a new contract and will be happier in that role but feel as a matter of principle i should get 7 days notice period paid at least.

[psychocandy]

What does your contract say about your right to terminate early? What is your opt out status?

Even if hes bailed early with right to do so then he should still get paid.
If hes in breach then thats another issue that agency may pursue.

But I agree opt out status is relevant here.

[TheFaQQer]

Even if hes bailed early with right to do so then he should still get paid.

Unless the contract gives the agency the right to retain funds in the event of breach of contract.

[psychocandy]

Unless the contract gives the agency the right to retain funds in the event of breach of contract.

True.