Tied to a contract

[stevensmith]

Laws for Contractors
I'm a contractor and when I decided to resign I was told that Ihad to finish the remainder of my contract or pay a #1000 fine, sum 6 months. I am currently on mycannot wait this long . When I phoned the company I was contracting for they said that they weren't able to send me a copy of the contract that I signed because it was filed and archived. I have a suspicion that this clause forcing me to work the remainder of the contract does not exist. When I initally posted the contracts (two) I was told one would be returned to me but never was. Are they doing anything illegal here? I have also recorded trhe conversation with the company saying that they cannot send me the contract I signed back to me. The company can fire anyone with an hours notice, it doesn't seem fair that we have to finish our contract. Please help!

[King Cnvt]

Oh Dear.

Where does one begin.......

[HankWangford]

go in tomorrow, drop your pants, give him some air and bob's your uncle. No contract

[Cowboy Bob]

Laws for Contractors
I'm a contractor and when I decided to resign I was told that Ihad to finish the remainder of my contract or pay a #1000 fine, sum 6 months. I am currently on my 7th week and cannot wait this long as I have to start uni in 1 month. When I phoned the company I was contracting for they said that they weren't able to send me a copy of the contract that I signed because it was filed and archived. I have a suspicion that this clause forcing me to work the remainder of the contract does not exist. When I initally posted the contracts (two) I was told one would be returned to me but never was. Are they doing anything illegal here? I have also recorded trhe conversation with the company saying that they cannot send me the contract I signed back to me. The company can fire anyone with an hours notice, it doesn't seem fair that we have to finish our contract. Please help!

Also I have no umbrella company to deal with my pay so I'm technically self-employed. I'm not sure if this makes a difference.

So you signed a contract knowing that you'd (want to) be resigning before the duration of the contract? If so, you deserve everything you get IMO.

It is quite common for contractors to not be allowed to quit their current contract - I can't for example - but it doesn't worry me since I fully intend to be professional and complete the work.

[xoggoth]

You got everyone puzzled. Didn't you keep a copy of the contract? What is this archive? a shredder? What a load of old bollox they are giving you.

At worst is £1000 such a big deal? Even crap technical sector contractors like moi was earn rather more in a week. Do your course and let them try and claim it. NAL but I suspect they will HAVE to produce the contract, legal actions of this nature where there has not been a proper attempt to arrive at a settlement before recourse to law do not tend to succeed.

[BlasterBates]

Tough decision; maybe you should see a lawyer.

[Ardesco]

Also I have no umbrella company to deal with my pay so I'm technically self-employed. I'm not sure if this makes a difference.

How are you paid? Through PAYE from the agency?

It sounds like you are a temp, not a contractor.

Did you read the contract before you signed it?

They cannot withold the contract. Tell them that you do not have a copy of the contract signed by both yourself and them and as a result you assume that no copy exists and therefore you are no bound by the terms and conditions in it. If they feel otherwise they need to provide you with a copy of the contract ASAP or you are walking.

If they did take it to court and it turns out they refused to provide you with a copy of a signed contract when you requested it I assume they will be laughed out of court (IANAL though so get professional legal advice).

[ChimpMaster]

Good advice from Ardesco there.

Besides, do you really care what they do? They're not going to bother taking you to court.

If you really want out, speak to the client directly and explain your situation.