Implied Contracts

[northernladuk]

Normally I'd say what NLUK is saying. If you're an IPSE+ member get onto them to see about the notice period.

BUT, you've been working without a contract. This might complicate things.

Makes me wonder if the client/agent knew full well that there was not really a contract in place and have taken advantage of this fact.

OP - you know working without a contract was a bad bad idea yeh?

This^^ I didn't spot that line so WPCS.

I'd be surprised if anyone has attempted to do this deviously. The contract protects both parties at the end of the day. The contractors that turn up or work without one do it because they don't have a clue. Agents do this for a job and have a clue so will know it's a bad idea. It's possible of course but I'd be very surprised.

[Support Monkey]

notice periods are not worth the paper they are written on and I don't think you have much of a chance of winning, the time and effort spent chasing it would be better used looking for another contract, move on

[psychocandy]

Normally I'd say what NLUK is saying. If you're an IPSE+ member get onto them to see about the notice period.

BUT, you've been working without a contract. This might complicate things.

Makes me wonder if the client/agent knew full well that there was not really a contract in place and have taken advantage of this fact.

OP - you know working without a contract was a bad bad idea yeh?

[SueEllen]

I was planning to convert the garage and had my builder all lined up to do it, we agreed a price to be paid upon completion, circumstances changed and I decided not to progress it, my builder still expected to get paid and sued me for the money... OP if this sounds ridiculous to you then I suggest to rethink your original post.

Not the same scenario.

It is more like signing up for a ISP with a 12 month contract, and then not terminating the contract when the 12 months is up by continuing to pay for the service.

Anyway as I said the dispute is with the agency involved so OP needs to read and understand the termination clauses in their contract. There are clear instances when no notice is required and others where it depends on the contract wording.

[ASB]

It is likely, but not certain, that a court would view the tems in the expired contract as continuing.

there may, or may not, be a contractual obligation to pay the notice period. It depends on exactly what is in the contract. A "we don't have to give you any work and will only pay on signed timesheets" does not, of itself, defeat it.

[pr1]

Friday 19th of May isn't until 2017 so you've got another year of billing, boomed!

[WTFH]

Can you tell me why you continued to go to the ClientCo site and carry out work without a contract?
For me if there is no valid contract then there are no rights.

[SlipTheJab]

I was planning to convert the garage and had my builder all lined up to do it, we agreed a price to be paid upon completion, circumstances changed and I decided not to progress it, my builder still expected to get paid and sued me for the money... OP if this sounds ridiculous to you then I suggest to rethink your original post.

[TheCyclingProgrammer]

You get paid to perform a service - either on a time/materials basis or on a fixed fee basis to deliver something specific.

If that piece of work is completed, or is cancelled, then there is no longer any work for you left to do. Do you expect to get paid for doing nothing?

You're thinking about this all wrong. Your extension was up to the beginning of March. They were under no obligation to offer you any more work but presumably they still needed you so continued to pay you for your services. Now they no longer need you. The reality is you've managed to get an additional couple of months work out of this client than you originally expected.

Time to move on and find a new gig - to be honest you should have started looking when your previous renewal expired because it was inevitable they were either going to a) offer you another formal extension or b) get rid of you at some point in the near future.

[stek]

Hello everyone,

New to the forum and looking for some advice.

I have been contracting with an organisation for 14 months now and have recently had my contract terminated. I was informed of this on Tuesday and told my last day was tomorrow (Friday 19th May).

In September 2015, I renewed my contract for 6 months, in writing, with a 1 month notice period and an end date of 4th March. At no point around or since the expiry was extension, variation etc. discussed and I have continued to turn up for work, paid the same daily rate with no other changes.

Following being informed of the termination, I've discussed the matter of my notice period and been told, effectively, that this won't be honoured.

Before kick up a fuss / looking to sue the organisation I was hoping to garner some opinion on the likelihood of the contract terms, particularly the notice period being implied to continue.

I appreciate that there are other issues to consider - networks, burning bridges etc. but hope someone can shed some light on the above.

Thanks in advance!

FFS....

[SueEllen]

Your contract is with the agency. If you have any issues it will be the agency you will be suing.

So you need to read your contract and make sure you understand all the termination conditions in it before suing them.

[northernladuk]

You really need to show a loss to be sure of a win. Trying to go for money you've not earned and wouldn't have got as per your contractual terms (assuming it's in there) isn't going to be straight forward.

It happens and is fortunately quite rare but part and parcel for us.

If you've got IPSE+ you can claim 1000 quid via the business interruption clause. Pocket that and just move on IMO.

[LondonManc]

Are you paid based on signed timesheets? How are you going to work the extra days if you don't get them signed? They are under no obligation to provide you work (unless you're under IR35 with an appropriate MoO clause).

If they want to can you at no notice, they will. They'll make something up.

[emc1985]

Hello everyone,

New to the forum and looking for some advice.

I have been contracting with an organisation for 14 months now and have recently had my contract terminated. I was informed of this on Tuesday and told my last day was tomorrow (Friday 19th May).

In September 2015, I renewed my contract for 6 months, in writing, with a 1 month notice period and an end date of 4th March. At no point around or since the expiry was extension, variation etc. discussed and I have continued to turn up for work, paid the same daily rate with no other changes.

Following being informed of the termination, I've discussed the matter of my notice period and been told, effectively, that this won't be honoured.

Before kick up a fuss / looking to sue the organisation I was hoping to garner some opinion on the likelihood of the contract terms, particularly the notice period being implied to continue.

I appreciate that there are other issues to consider - networks, burning bridges etc. but hope someone can shed some light on the above.

Thanks in advance!