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Being fired as a IT contractor

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    #41
    Originally posted by WTFH View Post
    If only the OP was knew of someone who was studying for their advanced diploma in Human Resource Management who might be able to help him.


    Me and my mistakes again, d'oh!
    No matter how hard you try...
    "Israel, Palestine, Cats." He Said
    "See?"

    Comment


      #42
      Originally posted by dltasty View Post
      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 are taking the pi$$, right?
      His heart is in the right place - shame we can't say the same about his brain...

      Comment


        #43
        Originally posted by Mordac View Post
        You are taking the pi$$, right?


        OK, I've tried to be subtle in my replies so far, but many seem to have missed them.




        ...No, he's wanting to find out if HIS company will be sued by an IT Contractor they have hired if they don't pay them for the 4 weeks.
        …Maybe we ain’t that young anymore

        Comment


          #44
          Originally posted by WTFH View Post
          OK, I've tried to be subtle in my replies so far, but many seem to have missed them.




          ...No, he's wanting to find out if HIS company will be sued by an IT Contractor they have hired if they don't pay them for the 4 weeks.
          Depends.
          "You’re just a bad memory who doesn’t know when to go away" JR

          Comment


            #45
            Originally posted by WTFH View Post
            ...No, he's wanting to find out if HIS company will be sued by an IT Contractor they have hired if they don't pay them for the 4 weeks.
            Don't worry. If the contractor doesn't turn up ring the agency and tell them you don't want him on site again, and if they argue tell them you might not even sign the last time sheet.

            Worst case scenario is he talks to lawyers, gets them to write a letter, the agency writes one back threatening to counter sue for breach of contract, and then it goes all quiet.

            If you feel really mean drop a note to HMRC telling them that you suspect an ex-employee of fraudulently avoiding tax.
            See You Next Tuesday

            Comment


              #46
              Originally posted by dltasty View Post
              hmmm --- so its in my contract that I have a 4 week notice period both ways. So i completely disagree with you - they cant just fire me without paying me for 4 weeks notice....its in the contract.....
              dltasty: "You can't do that"
              client co: "We just did, your move".

              In summary you want to breach the contract - as far as I can tell - by absenting yourself without good/agreed reason.

              In return you think the client should pay you 4 weeks compensation for this behaviour if they don't like it ?

              What they will actually do and what is in the contract are two completely different things (you are evidencing this yourself).

              Yes, if you believe it is wrong then you have potential legal recourse. Your odds on winning with the intended behaviour you have described are about as good as me waking up tomorrow as pope.
              Last edited by ASB; 14 July 2016, 15:03.

              Comment


                #47
                Sockie. Ignore.

                Comment


                  #48
                  Originally posted by Lance View Post
                  Don't worry. If the contractor doesn't turn up ring the agency and tell them you don't want him on site again, and if they argue tell them you might not even sign the last time sheet.

                  Worst case scenario is he talks to lawyers, gets them to write a letter, the agency writes one back threatening to counter sue for breach of contract, and then it goes all quiet.

                  If you feel really mean drop a note to HMRC telling them that you suspect an ex-employee of fraudulently avoiding tax.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

                  Comment


                    #49
                    I do hope this is a wind up but if not:

                    For a couple of days, apologise but make it clear you are unavailable. Client may be peed of but that's likely the worst case;

                    Longer holidays, discuss weeks, months in advance.

                    Do not EVER ask for permission unless your contract says you must.

                    What were you planning to do if she said 'no'? Or did you not think she would? Once you have asked you have tied your own hands.

                    Unless you genuinely do have an awful lot of knowledge of their business, you are out of the door. There will be a clause about failing to provide a service meaning the contract can be terminated. That means ended with no notice. And no fees. You will not be given notice. Your contract will be terminated. Completely different.

                    Comment


                      #50
                      Originally posted by GB9 View Post
                      I do hope this is a wind up but if not:

                      For a couple of days, apologise but make it clear you are unavailable. Client may be peed of but that's likely the worst case;

                      Longer holidays, discuss weeks, months in advance.

                      Do not EVER ask for permission unless your contract says you must.

                      What were you planning to do if she said 'no'? Or did you not think she would? Once you have asked you have tied your own hands.

                      Unless you genuinely do have an awful lot of knowledge of their business, you are out of the door. There will be a clause about failing to provide a service meaning the contract can be terminated. That means ended with no notice. And no fees. You will not be given notice. Your contract will be terminated. Completely different.
                      Of course he would have negotiated such a poor clause out in the first place, or his review would have highlighted it for negotiating out.
                      The Chunt of Chunts.

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