Being fired as a IT contractor

[northernladuk]

Jesus.. Gardening leave?? You are about as much a contractor as my cat..

You are a supplier now. Not a permie. You cannot dick clients around like this anymore. They pay for a professional service and if they don't get it they have every right to terminate you on the spot. You are not a permie anymore you don't have any rights like they did. You just have a contract.

They don't have to honour it if they terminate you for gross misconduct, which you could easily argue going off when your request has been denied is.

When you get 'fired' notice period becomes irrelevant. In fact on that point you don't get fired. You have your contract terminated.

[eek]

its their decision whether they want me to work those 4 weeks or if they put me on garden leave - but they have to honour the 4 weeks period - and if they dont I would have grounds to sue them. My question was more whether the legality of the notice period would be ruined by me going on a holiday ive been told not to - as a previous poster said - cant I just say - unfortuantely I will not be able to provide my services weds, thurs and friday next week. They can choose to fire me as a result of that - but I dont think it's enough reason for them to fire me AND not honour my contractual notice period.....

You may need to read your contract a bit more carefully than you currently have.

Every contractor contract I have had has clauses in that mean no work - no pay. There has never been any obligation for any end client of mine to provide me with something they wanted done and I am under no obligation to work if I have to be elsewhere for a day.

But if you know best, go ahead and see what happens...

[dltasty]

very confused by your contracts....what type of roles are you taking?!!!

By the way ive been contracting a long time - im normally a very hard worker but this roles just a waste of time and i cant be bothered

Just read my contract theres nothing about being able to just get rid of me like that....*click* - and indeed that would make no sense in a contract that also specifically lists a notice period and reasons for termination.

Maybe it's because im going through an agency I have more rights?

[northernladuk]

Here you go. Contractor in EXACTLY the same situation as you. Took the time off at short notice, got terminated and doesn't get paid a penny more.

Could have been written for you but I guess you'll ignore all the responses saying exactly the same thing.

http://forums.contractoruk.com/busin...ng-notice.html

[jamesbrown]

very confused by your contracts....what type of roles are you taking?!!!

By the way ive been contracting a long time - im normally a very hard worker but this roles just a waste of time and i cant be bothered

Just read my contract theres nothing about being able to just get rid of me like that....*click* - and indeed that would make no sense in a contract that also specifically lists a notice period and reasons for termination.

Maybe it's because im going through an agency I have more rights?

I think your confusion stems from not understanding the difference between "no work" and "termination". It's unlikely that your actions will trigger something in a termination clause. However, they can (and probably will) decide that there's no work for you to do. Thus, you will "work" out your notice period doing nothing and, in exchange, receive no consideration.

[dltasty]

THats great but I dont have such a ridiculous clause in my contract and would never sign anything that did have that

[b0redom]

This has been done ad infinitum, but.......

• The contract will say either you or the client have to give xxx notice.
• The contract will say there is no mutuality of obligation. This means that they have no commitment to offer you work, and you have no commitment to take it.

So, assuming they ditch you. Yes, you are entitled to 4 weeks notice, BUT the end client is under no obligation to offer you any work during that 4 weeks.

You MAY get something out of them, but contractually they're obliged to give you bugger all.

Gardening leave is for permies....

[dltasty]

i dont see anything in my contract about there being no work etc either - it just says my working hours 9-5 everyday and invoicing.

I guess its because im actually employed by my agency - and my agency has the relationship with the client - maybe that is the difference that im not employed directly

either way - this is only worst case senario - im sure I will be able to get the time off working my charm

[b0redom]

THats great but I dont have such a ridiculous clause in my contract and would never sign anything that did have that

I presume you've been paying tax inside IR35 then, otherwise I suggest you get a massive pot of KY and a few gladiator movies for when the tax man decides to investigate you....

[jamesbrown]

The contract will say there is no mutuality of obligation. This means that they have no commitment to offer you work, and you have no commitment to take it.

Yes, this is what the OP is currently failing to grasp. It's a rudimentary difference between a contract of service (employment) and a contract for services (contractor), and it works both ways. As a seasoned contractor, the OP really should be aware of this. Hey ho. I guess they're about to learn the hard way...