Some advice, please, on early termination

[MarkAviator]

Hi all,

I've recently had a contract terminated due to "breach of contract" and I'm after some advice.

A little background.

Last weekend, my wife was rushed into A&E. She remained in hospital until Thursday this week.

On Monday morning (the first working day after this happened), prior to normal business hours, I emailed the client and advised them of the situation. I also said I'd be available if required between hospital visits. This, they seemed to accept (they certainly didn't indicate it was a problem) and I subsequently let the client know the current situation on Tuesday, Wednesday and Thursday.

On Friday, I received notice of immediate termination from the agent because I hadn't directly informed the agent that I wasn't on site. They are quoting this part of the contract as having been breached:

The Supplier shall notify the Client and [Agent] immediately if the Consultant is unable to provide the Services and shall keep them informed as to the date of re-commencement of supply of the Services.

Now, the way I see it, I wasn't "unable to provide the Services" at all. I was unable to be at the site I normally provide those services, but that seems to me to be a different thing.

Incidentally, the contract does state my

Services should be provided at the Place of Performance detailed in the Assignment Schedule, where it is defined as [Insert address here].

As we were all moved to new offices last year, I haven't actually supplied the services at the address defined in the contract anyway, as we've all been moved somewhere else. So, technically, ever since we all moved, I've been unable to work at the Place of Performance defined in the contract anyway, so why is this any different?

I'm mostly interested in case the agent starts getting shirty and tries to refuse to pay me for the last 3 weeks I provided services prior to this happening.

Any thoughts?

Regards,

Mark

[northernladuk]

It doesn't matter why they have terminated really. You can argue until you are blue in the face but the bottom line is you are out and there is nothing you can do about it. It does look like you have been caught bang to rights though, you didn't inform the agent and that is that. They only way you are going to find the truth is to take it legal...which you won't do. I do wonder if there is more to this though, a client won't lose a resource over something like this and an agent certainly won't cut his revenue stream off for it either. They might be a bit dim at times but won't purposely shoot themselves in the foot (and pocket) over a minor contract clause.

Saying that if you have a really good relationship with the client you might just ask him what his opinion on the situation is but I doubt you will get a straight answer as they might not want to get involved. Some people will do anything to avoid conflict or uncomfortable situations.

As long as you have (or will have) your timesheets signed there is nothing the agent can do about not paying you. He may play silly buggers but a couple of strongly worded mails mentioning interest on the late commercial debt will have your money soon enough. Bar a little too'ing and fro'ing there won't be a problem getting your money, you worked it so you earned it. I don't see anyone denying that.

It's contracting and unfortunately it happens. Use the time to help your wife get better and look for a gig with a client/agent who will treat you a little better. Good luck with the search.

[captainham]

Sounds like the client has asked the agency to bin you if you ask me; no way will the agency make this decision off their own back, they'll just dance to the client's tune in the hope of keeping the money coming in without the need to go looking for a new contractor (which does not appear possible in this case).

[SueEllen]

Sorry about your wife's illness but the fact you happily turned up to the client's new office location for months means that you implicitly accepted the change in the office address in the contract so arguing about that won't work.

Also apart from what NLUK said - you should use the telephone first to tell the client you aren't in - that's what mobile phones are for. If you can email them then you can phone them. If you don't have the extension number of your client contact call the reception desk and get put through. However take it on yourself to always get a number for your client contracts on your first or second day.

In regards to the agent - most agencies don't care if you don't inform them you can't come in as long as the client doesn't mind.

In your case you obviously wound the client up (probably due to your communication in this incidence) and so the easiest way to get rid of you is to point to some technicality in the contract that the majority of agencies don't have to use.

Many clients keep roles open for sick contractors or contractors who have family emergencies as long as they don't have a problem with them. It's actually a lot of hassle for both the client and the agency to find someone else.

[Wanderer]

There is no way the agent is going to terminate a cash cow contractor over a minor technicality like this, much more likely the client is terminating the contract. Speak to the client straight away and find out what is going on.

I would also be inclined to invoice the agency for the notice period and escalate it from there.

[SueEllen]

There is no way the agent is going to terminate a cash cow contractor over a minor technicality like this, much more likely the client is terminating the contract. Speak to the client straight away and find out what is going on.

I would also be inclined to invoice the agency for the notice period and escalate it from there.

Since he has an issue phoning and speaking to the client to tell them he's had an emergency, don't be surprised if the client refuses to speak to him.

[northernladuk]

I would also be inclined to invoice the agency for the notice period and escalate it from there.

Where I can see why you say you should claim for notice period in some situations of instant dismissal with no reason I just can't see the point of this in this one. He may win if they gave no reason and appear to be breaching contract but in this one the OP has been given a definitive reason as documented in the paperwork and appears on the face of it to have been caught bang to rights. I cannot see for one minute them agreeing to paying it and it will do nothing more than aggravate the situation... not that there is even a situation to aggravate unless the OP is going to get a solicitor involved.

[MarkAviator]

Thanks for the feedback, folks.

I've already effectively moved on. I accept these games are part of contracting.

Just one thing: is sending an email really considered bad form? I'd have thought that, in 2014, it's as acceptable as any other form of communication and am a little baffled by the suggestion I only emailed because I couldn't be bothered to phone!

[jamesbrown]

Thanks for the feedback, folks.

I've already effectively moved on. I accept these games are part of contracting.

Just one thing: is sending an email really considered bad form? I'd have thought that, in 2014, it's as acceptable as any other form of communication and am a little baffled by the suggestion I only emailed because I couldn't be bothered to phone!

There's a difference between unacceptable and impersonal - if you speak to someone directly and explain the situation, I think they're more likely to go the extra mile. It might not have helped much in this case, though, as it sounds as though they were looking for the technicality, for whatever reason (that you'll never know).

[jmo21]

The agent have used the technicality to get rid of you, but the client will have told them to get rid of you.

I'd be pretty annoyed if the only reason was because you were off for a few days with your wife in hospital.

Were there no other issues before that? I think it's more likely thi is the final straw, whether there were any actual incidents, or simply poor performance.