Termination of Contract

[NotAllThere]

Sage advice, but it was over two years ago. Perhaps it's a bit late.

[bobsmithldn]

They changed their minds now and sent me an email.
Says I used the internet, took/made some personal calls and talked to staff about non-business stuff all during the week. LOL.

Unbelievable, however I certainly try to look busy in my first few weeks and keep my head down (net at lunchtime only, no personal calls on the client phone, best to look professional and focused on the work but relaxed and friendly) ...

[bobsmithldn]

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.

If you decide not to go back (they might pull the same trick again, boss sounds like a whimsical, insecure shi*) ... lodge a claim on the Small Claims Court website and send agent the paperwork, that'll shi* em up ... forget all this solicitor/judge stuff - waste of time/money and irrelevant ...

[DiscoStu]

For anyone else who hasn't looked at the original date of this post, it was 2 1/2 years ago!

[bobsmithldn]

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Look at this website - you can claim online for money you're owed.

Good idea.

[bobsmithldn]

For anyone else who hasn't looked at the original date of this post, it was 2 1/2 years ago!

oops - been on bench too long

[RichardCranium]

For anyone else who hasn't looked at the original date of this post, it was 2 1/2 years ago!

2½

HTH

Say, you are going to come back and update that post from time to time, aren't you?