Need urgent help. Contract termination without notice

[sammy2020]

Hi,
Can I get urgent help please.
My agency called on Friday evening saying that my role is now deemed inside IR35. I joined only on last Wednesday. I told them on Friday that I will think about whether to accept inside role or not. Agreement is signed and mentions outside IR35. Today I refused to be inside and they have terminated my contract effective immediately. They said they will pay me only for 4 days and no 2 weeks notice pay will be given. They said they can do it under special circumstances. They not told me exact what circumstances. This is what email says.

"Furthering to our conversation, the contract is terminated effective immediately, as discussed the Java Support role has been deemed inside IR35 and with you not wanting to continue with the role been inside IR35 or accept the increase in pay of £100 per day we will have to end the contract effective immediately unfortunately."

Can they do that? Can I take them to small claims court?


Should I send them invoice for 4 days or 18 days?

[cojak]

Yes, I’m afraid that they can do that. Be thankful that they will give you the 4 days pay.

At least you found out now and not in 4 months time.

[eek]

Can they do it? - yes, no more work is available so that's it.

How much can you claim for -well you've only worked 3 days so getting paid for today is a bonus.

However you could waste your money trying to claim the extra 10 days (not 14) but it won't work - just because they have to give 2 weeks notice - that doesn't mean they need to provide you with paid work in those 2 weeks.

[ladymuck]

Check the contract you signed. There's probably something in there which overrides the notice period and allows immediate termination. The fact you're not aware of that suggests you didn't read it closely. Most notice periods are not worth the paper they're written as usually it's dependent on the client agreeing to pay it and signing a time sheet or other document to confirm.

You can try invoicing for what you think is due but don't be surprised if it's not paid, or only partially paid.

You should have posted this in Business/Contracts, not General.

[cojak]

Oh, and FYI - this is going to happen to you more often than you’d like…

https://forums.contractoruk.com/acco...contracts.html

Make sure that any contract you are about to take is definitely outside, and not just something the agency has advertised to get contractors to take it.

[WTFH]

...Today I refused...

...they have terminated my contract ...


...you not wanting to continue with the role been inside IR35 or accept the increase in pay of £100 per day...


we will have to end the contract effective immediately ...

Can they do that? Can I take them to small claims court?


Should I send them invoice for 4 days or 18 days?

YOU refused to work inside, so they terminated the contract.

They have terminated the contract because you have refuse to do the work. They even offered to increase your rate, but you didn't want it.

Therefore yes, they can do it.
Sure, you can take them to court, but it will be an expensive lesson for you, as the evidence you've presented here seems quite clear.

Good luck in your next gig.

[SueEllen]

Can they do that? Can I take them to small claims court?

Read the small print in your contract very carefully. It should be covered in your contract to allow them to do so to prevent you taking them to Court.

Should I send them invoice for 4 days or 18 days?

You only worked 4 days.

[northernladuk]

You really should have a better grasp on this. This is your job now. You are asking if they can do it but it's in the contract which you should have read and fully understood. I mean, it's in the title of what you are 'CONTRACTor'.

There are a couple of clauses that will allow them to do this. We normally point to the section that says you will get paid upon receipt of a signed timesheet for the days you worked. If you didn't work them you won't get paid for them. Period. They, and you, could refuse work in which case no timesheet so effective immediate termination.

There is also the aspect that you've refused to do the work. If that's the case then I'm sure there is some other general clause that by refusing you've broken contract and it's done. I mean, you can't have a contract for work that you are refusing to do so it's game over.

So yes, they can quite happily do this and no you don't get any notice period or pay for days you didn't work. It's there in black and white in the contract.

Actually I am wrong, it's possible for them to honour the notice period but if you don't do any work you don't get paid so still irrelevant but if you really wanted to push them on the immediate termination with no notice you could, but as you can see it doesn't change things one iota.

[sammy2020]

YOU refused to work inside, so they terminated the contract.

They have terminated the contract because you have refuse to do the work. They even offered to increase your rate, but you didn't want it.

Therefore yes, they can do it.
Sure, you can take them to court, but it will be an expensive lesson for you, as the evidence you've presented here seems quite clear.

Good luck in your next gig.

I refused new terms. Contract clearly mentions that it is outside IR35. If they wanted me to work inside IR35, it will be a new contract. I was happy to work continue working under current terms.

[eek]

I refused new terms. Contract clearly mentions that it is outside IR35. If they wanted me to work inside IR35, it will be a new contract. I was happy to work continue working under current terms.

There is no work available under the old terms as the situation has changed.

Hence the end of your contract....