• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

is this breach of contract

Collapse
This topic is closed.
X
X
Collapse
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    is this breach of contract

    hi, long time lurker first time poster. i have been contracting at a large bank for 5 months

    last night it was the christmas night out. i was not able to make it in this morning. i was already pretty drunk by the time my manager left about 10pm and said there wasn,t much chance of me getting in today. he just laughed so i assumed it would be okay.

    anyway next thing i am getting a call from HR

    they are saying that i will not be getting paid for today and want a meeting on monday 9am to 'discuss the situation'

    it is a 12 month contract so if they try to terminate can i say this is breach of contract?

    also can they say they won't pay me for today? as far as i am concerned this was agreed in advance with my line manager?

    #2
    Originally posted by saurabh1 View Post
    hi, long time lurker first time poster. i have been contracting at a large bank for 5 months

    last night it was the christmas night out. i was not able to make it in this morning. i was already pretty drunk by the time my manager left about 10pm and said there wasn,t much chance of me getting in today. he just laughed so i assumed it would be okay.
    So, what time did you get in to the office today?

    Originally posted by saurabh1 View Post
    anyway next thing i am getting a call from HR
    What time did they call you?


    Originally posted by saurabh1 View Post
    if they try to terminate can i say this is breach of contract?
    They might say you are in breach of contract.

    What does your contract say about time off?
    Are you direct with the client or through an agent?
    How long have you been contracting?
    …Maybe we ain’t that young anymore

    Comment


      #3
      Originally posted by saurabh1 View Post
      hi, long time lurker first time poster. i have been contracting at a large bank for 5 months

      last night it was the christmas night out. i was not able to make it in this morning. i was already pretty drunk by the time my manager left about 10pm and said there wasn,t much chance of me getting in today. he just laughed so i assumed it would be okay.

      anyway next thing i am getting a call from HR

      they are saying that i will not be getting paid for today and want a meeting on monday 9am to 'discuss the situation'

      it is a 12 month contract so if they try to terminate can i say this is breach of contract?

      also can they say they won't pay me for today? as far as i am concerned this was agreed in advance with my line manager?
      Have a careful think first. Was there anything about your behaviour at the Christmas party which might have caused offence, even unwittingly? This seems the most likely cause. Alternatively, were you already at Last Chance Saloon. Or did you miss an important meeting or deadline in the morning?

      If none of these are contributing factors, then this is rather odd. I very much doubt you have a breach of contract claim, and at the moment you should be trying to salvage the situation, assuming you don't want to leave.

      Don't make an issue of not being paid for the day. You need to mend fences. Understand what their concerns are, act like a business, and apologise accordingly, either modestly with an 'I learnt my lesson' vibe, if they're just cross you weren't in, or profusely if you did something unspeakable.

      Comment


        #4
        Originally posted by saurabh1 View Post
        hi, long time lurker first time poster. i have been contracting at a large bank for 5 months
        Good stuff.

        last night it was the christmas night out. i was not able to make it in this morning. i was already pretty drunk by the time my manager left about 10pm and said there wasn,t much chance of me getting in today. he just laughed so i assumed it would be okay.
        Your Manager? I thought you said you were contracting?

        anyway next thing i am getting a call from HR

        they are saying that i will not be getting paid for today and want a meeting on monday 9am to 'discuss the situation'
        Of course you won't get paid. You didn't turn in. Telling your 'manager' you might not be in tomorrow while out drunk is hardly giving proper notice.

        it is a 12 month contract so if they try to terminate can i say this is breach of contract?
        Depends on what grounds. They can get rid of you for unacceptable conduct or whatever the actual clause states. You won't agree but all you can do is take it legal.....but you won't because it will be too expensive for little return. If they were smart they would give your work to someone else and just tell you not to come in until the end of the gig which is effectively instant dismissal without breach.
        also can they say they won't pay me for today? as far as i am concerned this was agreed in advance with my line manager?
        Why do you expect to get paid for a day you didn't turn in?

        The disguised permie is strong in this one.
        Last edited by northernladuk; 15 December 2017, 15:14.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by northernladuk View Post
          Good stuff.



          Your Manager? I thought you said you were contracting?



          Of course you won't get paid. You didn't turn in. Telling your 'manager' you might not be in tomorrow while out drunk is hardly giving proper notice.



          Depends on what grounds. They can get rid of you for unacceptable conduct or whatever the actual clause states. You might not think so. You can fight it if you want to but you won't because it will be too expensive for little return. If they were smart they would give your work to someone else and just tell you not to come in until the end of the gig which is effectively instant dismissal.


          Why do you expect to get paid for a day you didn't turn in.

          Sound like a disguised permie to me.
          Just a thought @ OP: is this a B2B or via brolly contract and not an employment FTC?

          Comment


            #6
            Originally posted by northernladyuk View Post
            Just a thought @ OP: is this a B2B or via brolly contract and not an employment FTC?
            Who knows? I guess that very important piece of information will come to light somewhere later on down the thread as usual.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by northernladuk View Post
              Who knows? I guess that very important piece of information will come to light somewhere later on down the thread as usual.
              Along with the naked photo messaged to the HR Director at 2 a.m.

              But we do sometimes get FTC folk wandering in here.

              Comment


                #8
                First off is this a wind-up?

                Surely OP you can't be expecting to be paid if don't even show up? Jeez, I know contractors who got hit of their bike on the way into work and ended up in hospital and they didn't get paid. You feel a bit off because you can't handle your beer and expect paying? I've heard it all now.

                Also, the not turning up. Its not cool. Unless this was arranged in advance then client has every right to expect you to be there. IF you were permie and did this then sometimes you'd get a permie get of jail card but not so. Imagine if all the permies showed up after the night out and you the contractor didnt? That does not look good.

                Back to my first example, getting knocked off bike and ending up in hospital is probably a good excuse. Any client who moaned about that can do one. But not showing because you had too many beers and you can't face your cornflakes? Puh-leazzze...

                Sorry if you're due in the office next day then suck it up, limit your consumption if you can't handle it.....

                Breach of contract my arse.....
                Rhyddid i lofnod psychocandy!!!!

                Comment


                  #9
                  PCs rules for xmas night out with the permies

                  1. Don't get so pissed like this idiot that you can't make it in to the office next morning.
                  2. Buy the permies a beer and be nice.
                  3. Don't act like a complete dick
                  4. Don't act like bertie big bollox contractor either. (Got to be careful with 2. Don't go nuts buying vintage champagne you'll just look like a bell end. Pint of Guiness will make average permie well happy).
                  Rhyddid i lofnod psychocandy!!!!

                  Comment


                    #10
                    Originally posted by psychocandy View Post
                    PCs rules for xmas night out with the permies

                    1. Don't get so pissed like this idiot that you can't make it in to the office next morning.
                    2. Buy the permies a beer and be nice.
                    3. Don't act like a complete dick
                    4. Don't act like bertie big bollox contractor either. (Got to be careful with 2. Don't go nuts buying vintage champagne you'll just look like a bell end. Pint of Guiness will make average permie well happy).
                    Shame you can't apply number 3 to your forum posting as well....
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment

                    Working...
                    X