Can I terminate my contract agreement due to office bullying?

**BrilloPad** · 18 May 2007, 10:07

Theres usually something about gross misconduct - at least for client side. What does the contract say?

**malvolio** · 18 May 2007, 10:08

You're a contractor, Human Remains have no part in it. If you genuinely can't work there, you ought to be able to show that the contract is in breach and notice periods are irrelevant anyway. Otherwise walk away and argue the point with the agency: it's not like you'll be going back to the client, after all.

If you're in the PCG, ask their legal helpline for the informed answer!

**2uk** · 18 May 2007, 10:53

Originally posted by NetwkSupport

On the site i work at at the moment, the contract manager is a complete bully to all staff. Verbally threatening towards permanant staff and contractors alike with regards to their job security, blaming/cross examining them for damage to the company car whilst on field calls, Ive witnessed open character defamation on his part against colleagues (that fat git, etc..).

One guy forgot to put on his tie yesterday and he threatened him with the sack..the list goes on...
staff have made complaints to HR but nothing has been done.

anyway ive been been looking around so i can get out of here and have been offered a new gig, starting in 1 week.

i have to give 4 weeks notice here, can i email HR and my agency stating im leaving due to the above and terminating my contract with immediate effect?

i still want to get paid for the last 2 wks work.

Yes you can , under the employment act. It is called "Unfair dismissal" . You can even sue them for any missed work.

That s how my last job ended.

**Old Greg** · 18 May 2007, 10:58

Originally posted by 2uk

Yes you can , under the employment act. It is called "Unfair dismissal" . You can even sue them for any missed work.

That s how my last job ended.

But only if you're employed I expect (as opposed to contractor).

I wonder if the fact that someone can bully you and that you have no protection under the emplyoment act is a pointer that you are outside IR35.

**Kyajae** · 18 May 2007, 11:03

Originally posted by Old Greg

But only if you're employed I expect (as opposed to contractor).

I wonder if the fact that someone can bully you and that you have no protection under the emplyoment act is a pointer that you are outside IR35.

If you're a contractor, you can claim that the person's behaviour is prohibiting you from carrying out the work or your duties effectively and threaten to walk. If the agency has any balls, tey will be on the phone to the client pronto cuz if you walk, it costs the agency money.

**timh** · 18 May 2007, 11:30

Talk to somebody higher up, or possibly HR (it's relevant to them to the extent that he's their problem employee, and that you're on-site).

In the past I had a similar problem and it was resolved by the arsehole in question being banned from talking to me, and me being able to do a lot of work off-site. Didn't need to go to the agency.

**Sockpuppet** · 18 May 2007, 17:02

Just do what I do.

Be a bigger bully and smack the mouthy git.

Thats how my last job ended....

**2uk** · 18 May 2007, 17:22

Originally posted by Old Greg

But only if you're employed I expect (as opposed to contractor).

I wonder if the fact that someone can bully you and that you have no protection under the emplyoment act is a pointer that you are outside IR35.

Yeah , I guess the employment act doesn't apply to contractors.

**SizeZero** · 18 May 2007, 18:57

You have a camera phone? Nothing like a bit of evidence in case it's ever needed.

Can I terminate my contract agreement due to office bullying?