Contract Teminated with immediate effect - HELP!

[Ken Dodd]

Hi
My contract was terminated today due to 'performance and behaviour issues'. I know this because i finally managed to speak to my agent after trying allday yesterday and all this morning. I had been having conversations with the client about not delivering as planned, so I had half-expected the contract ending early. What i did not expect is the very long email being sent to the Agency spelling out some very serious allegations concerning breach of confidence, behaviour toward women and others. Only part of the email is about performance. The agent will not send a copy to me - they are 'protecting the interests of the client', they even accused me of blackmail because I asked for a rate increase during renewal.
I am genuinely shocked at the allegations made in this email and obviously want to know exactly what was said because it appears to be, at best over-egging a couple of things and at worst, untrue and libelous, not to mention hurtful and very very annoying. I am not bothered about the contract but I am bothered about what has been alleged by the client. I have not been given a notice period because of these allegations.
Any and all help and advice is welcomed. Sensible advice that is.

Doddy

[argoran]

by law you are entitles to receive all correspondence that concerns you as an individual under one of the laws I think it's the freedom of information act 2000.

I know for a fact that this is the case as the company I'm in one of the employees got pissed off and under that act demanded all information ( emails letters any correspondeces ) to be handed over and the company which was a big one caved in ( I actually saw the email stating all employees that have any corresondence to pass it over to HR for processing ).

It's not a public owned company - so I believe the same applies to you....check with a lawyer to be 100% certain if you want but I'm sure you can get that info...

[TykeMerc]

The problem with this sort of thing is that you can't prove their alegations are untrue and force the notice period to be paid unless you take a legal route. Legal stuff will cost you money and there's a fair chance you could lose if the client gets the accusations backed up if it ever came to court.
It's a you vs them situation and no good would come of you taking a legal route.

This looks to me to be a classic case of a disatisfied client (you acknowledge performance issues) deciding they want rid immediately and so they use the gross misconduct clause with some exaggerated alegations that you stand no real chance of snuffing out.

NEVER expect an agent to support you in this sort of situation the person who pays their bill is the client, the contractor is just a replacable product and if the client wants rid the agent will act to prolong his relationship with the client over the contractor 999,999 times out of 1,000,000.

[NickFitz]

The Freedom of Information legislation is one way to go.

However, if you seriously believe from what you've been told that the email from client to agent might be libellous, then instruct a solicitor to issue a writ for libel. The client and/or agent might risk deleting an email if they thought they could get away with under FoI "provision of information we currently hold" terms, but a subpoena relating to a potential libel suit would put them in contempt of court unless they gave up all the information they hold, including full access to the relevant companies' backups and archives; and deleting any such information means potential gaol time for the directors and/or employees of both companies.

It will cost you, of course (lawyers being involved) but if you're convinced:

A) that such a communication exists,

B) that it contains material damaging to your reputation,

and - most important of all -

C) that such material is untrue,

then a writ of libel is the way to go.

I believe that libel is one of those things which lawyers will take up on a no-win no-fee basis. However, this doesn't mean you should choose one of those firms that advertises during Countdown. If you've previously used a solicitor - say for a house purchase - then, although they may not be willing to take on such a case themselves (having no expertise in that field), I believe they are allowed to advise you of other firms that might be willing to act on your behalf.

Alternatively, get out the Yellow Pages.

Usually in such a case your opponent will back down and pay your costs, but don't expect them to also shell out any compensation for yourself - this is just the "make it go away" outcome, and is probably the best you should hope for.

But do be advised: if they reckon they can prove what they said, they may fight you. If they do, and you back down, or take it to court and lose, it will cost a fortune.

Only fight it if you're sure they've lied about you.

Obligatory disclaimer: I am not a lawyer, and am not qualified to give legal advice, so don't come running to me if it all goes terribly wrong - I was only trying to help

On the other hand, don't let the bastards grind you down - and that isn't legal advice either

As The Honourable Mr Justice Eady might say, treat this as you would treat advice received from a bloke in the pub

[NotAllThere]

Get a lawyer to send a letter to the agent warning them of the seriousness of libel, and the potential consequences of repeating a libel.

Seperately, invoice them for the notice period. When it isn't paid, start dunning procedures. When it still isn't paid, take them through the courts. See www.payontime.co.uk for details, and don't forget to add interest and admin charges.

If they don't pay the invoice, they'll have to justify it to a judge, and may decide that it's not worth the bother. Or may agree a settlement.

Oh yes, and finally. Move on.

[Malingering BA]

Hi
My contract was terminated today due to 'performance and behaviour issues'. I know this because i finally managed to speak to my agent after trying allday yesterday and all this morning. I had been having conversations with the client about not delivering as planned, so I had half-expected the contract ending early. What i did not expect is the very long email being sent to the Agency spelling out some very serious allegations concerning breach of confidence, behaviour toward women and others. Only part of the email is about performance. The agent will not send a copy to me - they are 'protecting the interests of the client', they even accused me of blackmail because I asked for a rate increase during renewal.
I am genuinely shocked at the allegations made in this email and obviously want to know exactly what was said because it appears to be, at best over-egging a couple of things and at worst, untrue and libelous, not to mention hurtful and very very annoying. I am not bothered about the contract but I am bothered about what has been alleged by the client. I have not been given a notice period because of these allegations.
Any and all help and advice is welcomed. Sensible advice that is.

Doddy

In my view you are screwed due to the highlights above. Demand to see the email as per your legal right and see if you can agree to all call it quits.

[Diver]

Hi
My contract was terminated today due to 'performance and behaviour issues'. I know this because i finally managed to speak to my agent after trying allday yesterday and all this morning. I had been having conversations with the client about not delivering as planned, so I had half-expected the contract ending early. What i did not expect is the very long email being sent to the Agency spelling out some very serious allegations concerning breach of confidence, behaviour toward women and others. Only part of the email is about performance. The agent will not send a copy to me - they are 'protecting the interests of the client', they even accused me of blackmail because I asked for a rate increase during renewal.
I am genuinely shocked at the allegations made in this email and obviously want to know exactly what was said because it appears to be, at best over-egging a couple of things and at worst, untrue and libelous, not to mention hurtful and very very annoying. I am not bothered about the contract but I am bothered about what has been alleged by the client. I have not been given a notice period because of these allegations.
Any and all help and advice is welcomed. Sensible advice that is.

Doddy

Please elaborate?

[thunderlizard]

Freedom of Information Act only applies to government bodies, so it only applies if you were on a public sector contract.

You'll have better luck under the Data Protection Act (II.7.1.d I think you'll find).

Libel cases are notorious money-burners so I wouldn't advise that one unless you're (the) famous (Ken Dodd) and your career rests on rescuing your reputation.

I suspect they've just concocted a load of tripe to temporarily ease their consciences in exercising their right to terminate the contract, & you could do a lot worse than just letting it blow over and getting some new clients.

I always point out to my customers early on in the process that if they no longer require my services, they don't need to give a reason (when I switched from Hovis to Kingsmill, I don't recall putting anything in writing). It saves them having to invent one.

[NotAllThere]

...I always point out to my customers early on in the process that if they no longer require my services, they don't need to give a reason ...

Excellent advice. I do that as well.

[BolshieBastard]

I always point out to my customers early on in the process that if they no longer require my services, they don't need to give a reason (when I switched from Hovis to Kingsmill, I don't recall putting anything in writing). It saves them having to invent one.

That sounds like giving them a blank cheque to end your contract. I wouldnt dream of giving one of my clients such an open ended clause.