contractor 'pulled off site' due to admin failure

[doughboy]

Thanks everyone- I knew the contract was bad when i sighed it. Having re read it i've been stitched up like a kipper- contract also has a wait for it .....1 year çooling off period'!
Thanks for the advice. I wont make that mistake again

[Scruff]

What does the "1 year cooling off period" refer to? Its not likely to be binding on you, since the actual upper contract doesn't appear to be enforceable?

[doughboy]

What does the "1 year cooling off period" refer to? Its not likely to be binding on you, since the actual upper contract doesn't appear to be enforceable?

unfortunately its in the original contract- the issue is with the extension to that contract

[psychocandy]

What are the chances of them sorting this out? Admin failures tend to be a pain in the arse but rarely terminal. If work has been done that is valued to the client and someone has cocked up with the budget this is nearly always sorted from what I can see.

Where Wanderer may have a point about chasing notice periods not worked (I don't agree but could be worth a chase) but in this case there isn't even a contract or SoW in place with the client to pay the agent. It is highly likely the agent has pulled you because he isn't getting paid either. You would be pushed to prove loss if the agent never had the money either and the chain would have to go to the client. You will have a push an agent very hard to sue for money even he didn't get. I think this is slightly more complicated than a simple honour notice period payments.

Devil is in the details of what the admin failure is but if it is about client and agent arguing about payment trying to sue the agent for anything will surely fail.

WHS. I've seen this before where someone suddenly realises the contracts etc are not in place. Contractors then not appearing on site then tends to focus attention on getting it sorted quickly.

As for the no work = no pay thing this is all well and good. However, another example how I feel it all works to the clients advantage sometimes.

For instance, client can say sorry, forget the notice period not interested, but don't come in there's no work and that's that. How many people has that happened to? Loads and loads.
Likewise, how many contractors have gone to the client and said, sorry, won't be in next week, sod the notice period, I just aint interested. There'd be a riot. Just saying like.

[northernladuk]

For instance, client can say sorry, forget the notice period not interested, but don't come in there's no work and that's that. How many people has that happened to? Loads and loads.
Likewise, how many contractors have gone to the client and said, sorry, won't be in next week, sod the notice period, I just aint interested. There'd be a riot. Just saying like.

It's down to expectation and needs in a client supplier relationship unfortunately. It will always be stacked as the client needs his work doing. Also need to think about who has used the 'not available'. Realistically both parties use it a lot. Client uses it at bank hols and xmas periods as well as at the end of the contract. You are ready to bill over xmas for example but the client doesn't need you as it is shut down. Contractors are not available to the client everytime they want some holiday. Everything seems to work nicely then. It just gets messy if a contractor says he is not available for notice period because the client has an expectation of work to be finished.

It's just about the situation really.

[Scruff]

unfortunately its in the original contract- the issue is with the extension to that contract

The original contract has ended? What is the 1 year clause?

[psychocandy]

It's down to expectation and needs in a client supplier relationship unfortunately. It will always be stacked as the client needs his work doing. Also need to think about who has used the 'not available'. Realistically both parties use it a lot. Client uses it at bank hols and xmas periods as well as at the end of the contract. You are ready to bill over xmas for example but the client doesn't need you as it is shut down. Contractors are not available to the client everytime they want some holiday. Everything seems to work nicely then. It just gets messy if a contractor says he is not available for notice period because the client has an expectation of work to be finished.

It's just about the situation really.

This is true. But usually I find that for holidays most clients like to be informed/asked at least.

Knew of a guy who went through some fairly heavy family stuff. Serious illness etc. Tried to work with the client but basically could not fulfill his notice period. Did try to compromise but client stamped his feet so in the end he just said sod you, packed up his stuff, left the office, never to return. Of course, he had all sorts of hassle off both agency/client then (of course, nothing ever came of it)....

[doughboy]

The original contract has ended? What is the 1 year clause?

Its a 'you can not work for this client, or the clients client until 12 months has passed from the end of your contract'...cooling off period my arse

[SueEllen]

Thanks everyone- I knew the contract was bad when i sighed it. Having re read it i've been stitched up like a kipper- contract also has a wait for it .....1 year çooling off period'!
Thanks for the advice. I wont make that mistake again

Unlikely to be enforceable.

You know you should read your contracts and then get them reviewed before you sign them.....

[doughboy]

Unlikely to be enforceable.

You know you should read your contracts and then get them reviewed before you sign them.....

Quite. Does anyone know of a specialist service that does this? I generally seem to have a contract pushed upon me to sign so i can get on site. This clearly is a bad idea moving forward. Whats a good strategy for getting what you want?
[and yes i also fell foul of opting out]