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Unreasonable behaviour??

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    Unreasonable behaviour??

    I took a contrat in PMO doing a project related role - I am normally a tech but wanted to practise my newly aquired Prince Cert, job was not great senior staff bullies/(in different century but thats an opinion)
    Decided to put my notice in , rather than go down the whingin to the end of contract route. Immediately got summoned back to office to be dressed down marched off site- Yippee... until...

    Contract manager calls from agency, tells me client is citing unreasonble service and refusing not only notice period (fours weeks) but also unprocessed timesheets for work already done, when asked why he told me of said unreasonable behaviour, and that the coincidence of my notice going direct to the client ment it was invalid and they would have sited my unreasonable behaviour anyway. (should have thought about telling the agency first but Stuff happens)

    I contacted the client to ask why unreasonable behaviour , I was told that my one time wearing an I pod in the office (corporal offence in smaller org it seems) being late on site , and grumbling about travel to a collegue were reason enough....


    So now do I look at taking His Nibs to small claims or write it off?, any experience of this guys and girls?

    #2
    Name & shame time.

    Comment


      #3
      His Nibs???

      Comment


        #4
        It seems their argument is with your behaviour, NOT the quality of your work. Sue.
        Down with racism. Long live miscegenation!

        Comment


          #5
          How long have you been working there ? Have you delivered something ? How much is at stake ? Did you opt out ? What does your contract say about immediate termination ? Are you IR35 in or out ?

          Get everything in writing, in case you have to take legal action




          Originally posted by rz6bm7 View Post
          I took a contrat in PMO doing a project related role - I am normally a tech but wanted to practise my newly aquired Prince Cert, job was not great senior staff bullies/(in different century but thats an opinion)
          Decided to put my notice in , rather than go down the whingin to the end of contract route. Immediately got summoned back to office to be dressed down marched off site- Yippee... until...

          Contract manager calls from agency, tells me client is citing unreasonble service and refusing not only notice period (fours weeks) but also unprocessed timesheets for work already done, when asked why he told me of said unreasonable behaviour, and that the coincidence of my notice going direct to the client ment it was invalid and they would have sited my unreasonable behaviour anyway. (should have thought about telling the agency first but Stuff happens)

          I contacted the client to ask why unreasonable behaviour , I was told that my one time wearing an I pod in the office (corporal offence in smaller org it seems) being late on site , and grumbling about travel to a collegue were reason enough....


          So now do I look at taking His Nibs to small claims or write it off?, any experience of this guys and girls?

          Comment


            #6
            If the contract says that they can terminate it for unreasonable behaviour, then they can. They should pay for the work that you've done, though.

            Did you opt out of the agency regulations? If not, then you need to invoice the agency and they have to pay you, unless they can prove that you didn't do the work.

            Get something in writing from the client and agency explaining why they have terminated the contract, and why they are refusing to pay for work done. This may be handy if you decide to sue.

            If the amount outstanding is small, then you may be better off writing it off and moving on. If not, or if you want to fight on the principle, then you need to get as much documented as you can - make a note of everything that you've done on site, both in terms of work and what might construe unreasonable behaviour, so that if it comes to court, you are relying on what you wrote at the time rather than what you can remember in a year or so.

            And key a few cars on the way out.
            Best Forum Advisor 2014
            Work in the public sector? You can read my FAQ here
            Click here to get 15% off your first year's IPSE membership

            Comment


              #7
              Trying to get all the info I can but there is nothing in writting, apart from a mail from the agency quoting the clause of the contract,
              I Opt Out, I'm limited so don't do IR35 there is always a risk if you contract..
              Delivery,the client they really couldnt deliver anything- maybe a few biggoted puns but thats about their lot.

              I did about 6 weeks and am about 8K down - they paid a little of what was due, it''s enough not to be happy about but is it enough to warrant putting my reputation on the line? Hell I have to get some legal advice.
              This is what happens when you work with little hitlers, my gut reaction was to leave on day 2 never felt like that in a job, lesson for today trust your instinct!.

              Comment


                #8
                If you're a PCG member, give their legal helpline a call.
                Best Forum Advisor 2014
                Work in the public sector? You can read my FAQ here
                Click here to get 15% off your first year's IPSE membership

                Comment


                  #9
                  Originally posted by rz6bm7 View Post
                  I'm limited so don't do IR35 there is always a risk if you contract..
                  Does that mean you dont look at it or you know you are outside after a review by B&C etc.

                  Comment


                    #10
                    Contract has a 'usable' substitution clause, there is a fixed rate work 'to be corrected in own time' They Client acts lie someone who wants a permie, fully expensed, company phone even evening meals maybe getting the contract examined would be an idea, if the contract falls into IR35 they really are taking a liberty!

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