Reply to: Contract Termination

[LondonManc]

Clients get contractors in to deliver, not to pick and choose and jump ship when it suits. Plays right into the hands of consultancies.

[northernladuk]

Hang on you lot always bang on about how you'd never give notice even though theres a notice period in the contract! Same thing. You lot think its not right to invoke a clause in the contract because of whatever reason.

NLUK I feel a bit bad about causing your eyes to burn. Chill mun anyway - its not even 10am on a monday morning. Have a cwtch off me. :-)

Yeah but to even remotely think 'it's not fair' when the client trumps you using the same reason as you is just... well...ridiculous.

[WTFH]

Hang on you lot always bang on about how you'd never give notice even though theres a notice period in the contract! Same thing. You lot think its not right to invoke a clause in the contract because of whatever reason.

Who is "you lot"?
Just because you are not a proper contractor does not give you the right to tar the rest of us with a brush of your own making.

[psychocandy]

OMG my eyes are burning at so much utter bollocks. Spirit of contract? Not 'really' there to reduce notice. Have you heard yourself. Do you think it's in the spirit and 'really' there for mercenary contractors to jump gig when they fancy? Jesus wept.

Hang on you lot always bang on about how you'd never give notice even though theres a notice period in the contract! Same thing. You lot think its not right to invoke a clause in the contract because of whatever reason.

NLUK I feel a bit bad about causing your eyes to burn. Chill mun anyway - its not even 10am on a monday morning. Have a cwtch off me. :-)

[northernladuk]

You missed the next part out where I said "its in the contract". Of course you can't complain but the spirit of the contract is that either party can give notice at the timescales mentioned.

Its not "really" there for the other party to reduce notice just because the other one does but hey ho, we could all get a clause added saying the other party can't give notice after the initial one has, couldn't we? So you cant complain.

OMG my eyes are burning at so much utter bollocks. Spirit of contract? Not 'really' there to reduce notice. Have you heard yourself. Do you think it's in the spirit and 'really' there for mercenary contractors to jump gig when they fancy? Jesus wept.

[LondonManc]

Contractor leaves client in lurch, so the client replans and doesn't need the contractor any more. Easy to see where the no work part comes from.

Let's get that to one side; this is about client refusing to sign timesheet because they believe that you delivered nothing for the final three days (or more likely are doing it to spite you). If you've opted out, then you'll have to go down the chasing of commercial debt route. Email the agency, advising that, despite being opted out, you'll be pursuing money owed in accordance with the Late Payment of Commercial Debts Act, so they should help you convince the client to sign the timesheet off.

The problem you'll face is that you'll have p***ed the agent off by cutting your contract short. They'll be short on forecast revenue and it's your fault in their eyes.

[psychocandy]

Why is it unfair? You are the forever championing the fact it's in your contract so it's there to use. He's used it, he got trumped by the client. Nothing unfair there at all. You've got some double standards you have.

You missed the next part out where I said "its in the contract". Of course you can't complain but the spirit of the contract is that either party can give notice at the timescales mentioned.

Its not "really" there for the other party to reduce notice just because the other one does but hey ho, we could all get a clause added saying the other party can't give notice after the initial one has, couldn't we? So you cant complain.

[northernladuk]

Got to be fair the dates confuse me.

I guess thats the danger of having different notice periods, you give a month, the client thinks, well hes leaving anyway, lets get rid sooner so we can get someone else in. Maybe a bit unfair but I guess its in the contract so whats good for one is good for the other....

But as someone pointed out, I guess even if you had given them notice, they could have turned around same day and said no work now, bye and that would have been it.

Why is it unfair? You are the forever championing the fact it's in your contract so it's there to use. He's used it, he got trumped by the client. Nothing unfair there at all. You've got some double standards you have.

[psychocandy]

Got to be fair the dates confuse me.

I guess thats the danger of having different notice periods, you give a month, the client thinks, well hes leaving anyway, lets get rid sooner so we can get someone else in. Maybe a bit unfair but I guess its in the contract so whats good for one is good for the other....

But as someone pointed out, I guess even if you had given them notice, they could have turned around same day and said no work now, bye and that would have been it.

[BurdockTheContractor]

Contracted out of agency regs, and they need to pay me the remaining three days.

Why and why?

[northernladuk]

Thanks that's cleared that up.

Contracted out of agency regs, and they need to pay me the remaining three days.

No worries on the dates.

Thanks NorthernLad.

Oh dear... Read this...
http://www.contractoruk.com/agencies...pt-out.html_0/

[missinggreenfields]

What is your opt in/out status. If you've got it right the agency has to pay you regardless if timesheets. If that is the case then you push it hard with them.

Contracted out of agency regs, and they need to pay me the remaining three days.

Ummmmm - not convinced that those two bits in bold go together really

[Farmer jones]

Thanks that's cleared that up.

Contracted out of agency regs, and they need to pay me the remaining three days.

No worries on the dates.

Thanks NorthernLad.

[missinggreenfields]

What should my line of attack be

I'm unclear what you've actually worked or not worked.

If you have invoiced for time not worked, how about "sorry I've wasted your time trying to invoice for time not worked - can you just correct the timesheet and then pay me the invoice? Thanks"

If you worked the additional days then "I worked those days, and I wasn't opted out of the agency regulations, so you need to pay me according to the contract."

Good luck.

[MrMarkyMark]

You should be paid for any days you worked onsite, that is all.