Unpaid notice period

[nrwiseman]

Have small issue with regards to recent contract i had. Company terminated immediately one evening and asked me not to return . Apparantly this was due to them stating that i had not worked the hours that i had billed them for ( 8 per day ) .
However, this was based on their new swipe in/out system ,which was never used properly by anyone,doors quite often left open , or entering in behind someone. So quite often it showed my first swipe at about 12pm but in fact i had been in since 8am !
Therefore, i am strongly contesting the decision , whereas they are refusing to honour payment of 2 weeks notice in my contract ( which has no early termination clauses ). There was also never any inductions or explained that this swipe system was to register hours.
Is it worth sending any letters before action , or just writing it off as lesson learned ? Value will be about 4k .


Cheers

[NotAllThere]

Did anyone see you on the contested days? Are there server logs that demonstrate you were in their offices working? Do you have any other evidence that supports your claim that you were there - train tickets, cash withdrawals from a nearby ATM?

Are you working direct, or via an agency?

Are they withholding any money for work you've actually carried out? If not - forget it.

Also - see here: http://forums.contractoruk.com/busin...e-started.html Much of the advice is relevant.

[northernladuk]

You work on a T&M basis on a daily rate. If you didn't do any work you won't get paid for anything so pointless trying to chase for notice you didn't work.

There are no clauses about misconduct and the like in your contract? Really? That must be an awful contract then. Immediate termination should be for a client to be able to deal with misconduct and the like. Have a look again?

Anyway, you've not worked notice so no losses prove.

[northernladuk]

Also you mention all the things everyone else does I.e. drafting in through doors etc doesn't mean you have to do it. This is your client so you have to be better than anyone else. Not hard to not follow someone in or swipe an open door. I'm sure it's all explained in your clients security policy. It's highly likely contesting something on the basis you didn't follow basic security process is going to get you anywhere.

[stek]

Sounds like Clientco are using this as an excuse to get rid, maybe OP wasn't performing.

I've seen under-performers booted out because they used the phone for personal calls a few times.........

[SueEllen]

All workers contracts regardless of how they are sourced have clauses in them about security and health and safety.

If you, OP, try to fight this they will just pull out the security and health and safety clauses on you.

They will argue because you didn't swipe in they would know if you had collapsed in a toilet cubicle and there was a fire/bomb scare/ other random emergency incident that is very unlikely to happen, that you were in the building.

In future make sure you don't p*ss people of so always swipe in and out, plus be careful of what you surf on the web.

[nrwiseman]

OK thanks for all the replies.will just take it as a lesson learned and move on.to be honest probably a blessing that I found out early what poor management they have ,not kind of place you want to be long term.
Never had issue with Internet usage so that wasn't issue.

Cheers

[jkdaniel]

I've had this happened to me once and not very long ago, same day termination despite of 2 weeks notice.
Reasons were extremely silly :-

-One day Left my phone charger in my car, which was parked quarter of a mile further from premises.(Being on late shift parked on the last bay of the last row)
Was away from my desk for 30 mins which included 20 mins to bring the charger.
-Other day Had to go for an MOT, did that during my lunch break, took extra 15mins and didn't signed in/out of the Register.

Had to attend a one-to-one with Line Manager for each of them.

Lessons learnt:- Working for a Japanese company in the UK is much harder than working anywhere.
I think the HR Team always have an upper hand on such cases.
If they really want to get rid of you making it look like a fault of yours, they will leave no stone unturned.

[Boney M]

I wouldnt let this go at all

[stek]

I've had this happened to me once and not very long ago, same day termination despite of 2 weeks notice.
Reasons were extremely silly :-

-One day Left my phone charger in my car, which was parked quarter of a mile further from premises.(Being on late shift parked on the last bay of the last row)
Was away from my desk for 30 mins which included 20 mins to bring the charger.
-Other day Had to go for an MOT, did that during my lunch break, took extra 15mins and didn't signed in/out of the Register.

Had to attend a one-to-one with Line Manager for each of them.

Lessons learnt:- Working for a Japanese company in the UK is much harder than working anywhere.
I think the HR Team always have an upper hand on such cases.
If they really want to get rid of you making it look like a fault of yours, they will leave no stone unturned.

Current clientco is Japanese and I don't have any of this.