Termination of Contract

[Joe Black]

The PM who did this, I had asked for the day off and they had said yes. On Friday we had email discussions where they had said they were happy with my work.

They have instantly terminated the contract, but he and five colleagues new where I was and there was email proof to say my work was good.

Well hopefully MF you've got the emails just in case you decide to persue this further.

Something I learnt years ago was that if I ever found myself in a position of being marched off the premises/told not to come back was that all the email came with me...

[Fungus]

They sound like a bunch of tulipes. I would be unhappy but it sounds like you have no choice. I know that for permies you cannot simply dismiss someone for gross misconduct. Rather you have to give them fair warning, and if they persist, then you sack them. The employer has to demonstrate that they have behaved in a reasonable manner, and given the employee ample opportunity to reform.

The problem with lawyers - which really means a solicitor - is that they cost a fortune. £200 per hour is not unusual. A junior one costs ~£100 per hour. If they receive a letter on your behalf, or phone you they charge at least £20. So it can get expensive. But the first consultation is usually free, and that is when you get an idea of what can be done. It might be the case that a couple of frosty letters from a solicitor will make them all cough up some money even though you won't get your contract back. (Would you really want it back?) Have you kept all correspondance? It sounds like you can prove that they are changing their story as time passes.

It might be worth spending ~£200 on a solicitor in the hope of getting paid a proper notice period. Otherwise forget the scum and look to the future.

Fungus

[Fungus]

Well hopefully MF you've got the emails just in case you decide to persue this further.

Something I learnt years ago was that if I ever found myself in a position of being marched off the premises/told not to come back was that all the email came with me...

At my last client when someone was laid off, they were only allowed back to their desk to collect their coat, and even then some were not allowed to collect personal possessions. I'm not sure they were even allowed to use their PC. That is one good reason to automatically forward received emails to a home account!

Fungus

[Joe Black]

Well if you work with Outlook there's such a thing as 'Personal Folders' which not many people use it seems, but a great way to keep all the emails in one place.

Normally I keep that (the .pst file) in a compressed folder which can be deleted/dragged/dropped very easily.

On a few occasions when I've had concerns about a contract I've left a USB memory reader plugged on my PC, everything important (including the .pst file) is then on a memory card which can be pulled in less than a second...

[mcquiggd]

I plug my Mobile phone in using a USB cable - just so happens its a Pocket PC .. and its synchs with my email automatically...

Seems many of us have encountered this sort of behaviour from 'clients'.

[AtW]

I know that for permies you cannot simply dismiss someone for gross misconduct.

Actually gross misconduct is pretty much the only way to dismiss a permie without notice period or anything like this -- normally the kind of thing that qualifies is theft and stuff like that.

[Joe Black]

"I plug my Mobile phone in using a USB cable"

Had that idea too, have 1GB on my SE phone, but not too keen on some helpdesk/admin guy connecting through '\\my computer\f$' and rumaging through all the other stuff I keep on there such as saved texts/pics etc.

[Fungus]

Actually gross misconduct is pretty much the only way to dismiss a permie without notice period or anything like this -- normally the kind of thing that qualifies is theft and stuff like that.

A company would be on very dodgy ground were they to dismiss someone without concrete evidence of extreme behaviour e.g. exposing their genitals to colleagues. Simply telling someone to feck off for example would not be sufficient. I wonder if 'gross misconduct' is defined?

I remember reading or hearing about Chris Evans. He would routinely drop his kit and waggle his finest round in front of colleagues, male and female. He thought it was a laff, but I've no doubt he risked opening himself to legal action.

Regarding MF, he might simply have got the politics wrong, and someone powerful saw him as a threat because he suggested doing something that went against his Imperial aims.

Fungus

[Rebecca Loos]

I am still not clear as to why the guy thought he could take a day off on his first week without having mentioned it to the client before. Sounds fishy to me. MF nothing personal but did you expect the client to be happy about it? And did your contract specify a different notice period during your first week or not?

[boredsenseless]

I am still not clear as to why the guy thought he could take a day off on his first week without having mentioned it to the client before. Sounds fishy to me. MF nothing personal but did you expect the client to be happy about it? And did your contract specify a different notice period during your first week or not?

Good point - but you're overlooking a few other things in the whole discussion.

Yes there is a notice period but it has been removed by the use of the gross misconduct clause. He's lucky to be being paid for the work outstanding, most GM cases have to write that of as well.

If you want paying more you'll have to negotiate your way out of Gross Misconduct first.

Then we come to the next fun bit, if you go to ajudge with this (assuming GM is dropped) then he'll apply B2B laws and interpretations not employer employee laws, and looking at the contract and time served he may award the case to you but as you are a business you will more than likely be paying your own costs, and he will likely drop the amount of 'notice' so it is in keeping with the actual amount of work performed.

In reality not turning up for work without written proof of authorised absence or a contract that allows you to work flexibly or phonong in sick (and being able to prove it) is gross misconduct and unless you can prove (in writing) that they authorised the leave you are up the creek without a paddle. Remember once again we are in B2B land here not employee employer.