Contract cancelled - Agency refusing to pay notice period

[Old Greg]

Who said I was angry? But you are right, it is my fault for expecting people on the Internet to understand metonymy.

Don't beat yourself up too much.

[WordIsBond]

Really it is because of you, not because of simes. You should be angry with yourself.

Who said I was angry? But you are right, it is my fault for expecting people on the Internet to understand metonymy.

[Old Greg]

It was a metonymic shortcut to save typing out the word 'inducing.' Any normal person would know what was meant and therefore it shouldn't have been necessary.

Because of you I have to type out this entire answer instead. Thanks. You just wasted bandwidth and forced me to waste more. You are a bad person and should feel bad.

Really it is because of you, not because of simes. You should be angry with yourself.

[WordIsBond]

Isn't being narcoleptic relating just to people, not events?

'...likely to be narcolepsy inducing.' ?

It was a metonymic shortcut to save typing out the word 'inducing.' Any normal person would know what was meant and therefore it shouldn't have been necessary.

Because of you I have to type out this entire answer instead. Thanks. You just wasted bandwidth and forced me to waste more. You are a bad person and should feel bad.

[BlueSharp]

I worked with a contractor once who was a complete chancer. Turned up to meetings with no means of taking notes or recording actions; they soon got found out he could not do the role, to be fair to him, he did manage 3 months of blagging it! Even if you're a bit tired the client has seen something they did not like and you have been binned. Chalk it off to experience and move on.

[simes]

I've never neglected to have as many cups as I needed to stay alert if the meeting was likely to be narcoleptic.

Isn't being narcoleptic relating just to people, not events?

'...likely to be narcolepsy inducing.' ?

[WordIsBond]

I've never been in a client meeting where coffee wasn't on offer.

I've never neglected to have as many cups as I needed to stay alert if the meeting was likely to be narcoleptic.

[jmo21]

The agency are saying, they have sufficient grounds to invoke a clause to terminate my contract with immediate effect. The clause of the contract enables them to terminate with immediate effect should they have reasonable grounds to be dissatisfied with my services.

<snip>
So my question is, does a suggestion or claim that I was asleep by one person from an end Client, even though I wasn't, constitute reasonable grounds to invoke a clause that MY Client (the Consultancy) were dissatisfied with my services? Even though the original claim was not by them.

<snip>
I have admitted I was tired during the meeting, and unfortunately my tiredness may have been noticed.

1) In reality, they don't even need a reason. Most of our contracts are effectively zero notice, no work, no pay.

2) You have annoyed their client, and potentially jeopardized their contract/relationship with the end client.

3) Already strained relationship between consultancy and end client, new face arrives, sitting yawning away in his first meeting. It may seem harsh, or a stretch, but stranger things have happened.

As for them lying about you sleeping, someone has mentioned chinese whispers, and I bet that's exactly what it was.
"New guy was sitting there almost sleeping", becomes "apparently new guy was half asleep" becomes "you were sleeping in a meeting", so I can see how that can happen.

Harsh I agree, but your face didn't fit, the consultancy/end client relationship was already strained, in reality they don't even really need to give ANY reason to terminate your contract AND notice periods are not paid with the type of contracts most of us on here work through.

It is not worth the time to pursue IMHO.

[jmo21]

So you're working for an IT consultancy as a contractor. How did the end client know which agency you're contracted via? How did they know you are not an employee of the consultancy?

Not sure what that has to do with anything.

End client to consultancy: Get Sleepy off this project
Consultancy to Agent: we are cancelling Sleepys contract

The end

[SussexSeagull]

Wasn't the one for you. Charge for your time and get to bed earlier.

[GhostofTarbera]

end client probably said your seemed a bit dopey, and Chinese whispers later, you being dopey turned into sleeping




Sent from my iPhone using Contractor UK Forum

[ladymuck]

Hang on.

So you're working for an IT consultancy as a contractor. How did the end client know which agency you're contracted via? How did they know you are not an employee of the consultancy?

I guess the arrangement could be that the client just uses the consultancy due to some contractual requirement but engages directly with the agency to select the workers. This is what Barclays do with HCL and the two or three agencies they use.

Anyhoo. If the client doesn't like you, they don't have to keep you. Any excuse can be made to cancel the contract. It's upsetting when it's something fake and/or personal but there isn't a lot you can do about it.

[northernladuk]

Apologies for the essay, but the context around events was important.

It really isn't. Your face didn't fit so you are done. Context is irrelevant. They might have made it up but it matters not. You cannot prove it and even if you could it still wouldn't matter. All they would do is give you notice and then not give you any work to do. No work, no timesheet, no pay. You are in exactly the same position.

So you don't have a leg to stand on. Chalk it up to experience and move on.

Thanks in advance.
(I'll be amazed if this has happened before).

We've not had the sleeping one but there are plenty of threads on here with a similar situation. Something has happened, contractor walked, can contractor go to small claims. Answer is always no.

[Old Greg]

Hi all,

Very new to this forum, and hoping someone can offer some sound advice. I am looking at whether I have a case to take my agency to the Small Claims Court as they are refusing to pay my notice period.

I started a new contract last week for an IT Consultancy. Day 3 into the new job, I had to attend a Client site for an intro meeting as part of a handover process. Nothing extraordinary happened during the meeting but shortly after I had left the Client site, I received a call from my agency to say the end Client had called my company (the Consultancy) and suggested that I'd fallen asleep during the meeting, was not happy and wanted me off their project. This in turn meant the Consultancy had no option but to cancel my contract. I have been contracting for 10 years and what happened last week has stunned me, and certainly never happened before.

I was categorically not asleep during the meeting. There were 8 other people in the meeting, 3 others from my company and not one mentioned or even suggested such a thing. I spent some time after the meeting with my line manager, who had sat opposite me; a very straight talking, no nonsense character who would have certainly informed me had I even appeared to have fallen asleep. I also walked 20mins back to my office with other colleagues, none of whom mentioned or hinted of their concern of this matter, as you would reasonably expect had such an event occurred.

The agency are saying, they have sufficient grounds to invoke a clause to terminate my contract with immediate effect. The clause of the contract enables them to terminate with immediate effect should they have reasonable grounds to be dissatisfied with my services.

So my question is, does a suggestion or claim that I was asleep by one person from an end Client, even though I wasn't, constitute reasonable grounds to invoke a clause that MY Client (the Consultancy) were dissatisfied with my services? Even though the original claim was not by them.

Is it to be noted that I was not woken by anyone (because I was not asleep at any point), I had not slumped into my chair, was not found under the table snoring. I have admitted I was tired during the meeting, and unfortunately my tiredness may have been noticed. However, yawning is mostly an involuntary process, and maybe I should have excused myself from the room however I did not want to miss any of the meeting. I can't believe that a natural human reaction constitutes a lack of ability or professionalism of services.

Also to note, the Consultancy's relationship with the Client had not been great before I started, of which I was warned about beforehand.

Apologies for the essay, but the context around events was important.

Thanks in advance.
(I'll be amazed if this has happened before).

Tired and yawning on Day 3? Oh dear. Options are:

1. Drop it and move on.
2. Invoice for notice period, start dunning then drop it and move on.
3. Invoice for notice period, start dunning then take to small claims if within the limit.
4. Talk to agency recording the call to get record of allegations Put in an SAR to the client and to the agency. Get legal advice for slander or libel.

I would go for 1 or 2.

[SkyBlue87]

Hi all,

Very new to this forum, and hoping someone can offer some sound advice. I am looking at whether I have a case to take my agency to the Small Claims Court as they are refusing to pay my notice period.

I started a new contract last week for an IT Consultancy. Day 3 into the new job, I had to attend a Client site for an intro meeting as part of a handover process. Nothing extraordinary happened during the meeting but shortly after I had left the Client site, I received a call from my agency to say the end Client had called my company (the Consultancy) and suggested that I'd fallen asleep during the meeting, was not happy and wanted me off their project. This in turn meant the Consultancy had no option but to cancel my contract. I have been contracting for 10 years and what happened last week has stunned me, and certainly never happened before.

I was categorically not asleep during the meeting. There were 8 other people in the meeting, 3 others from my company and not one mentioned or even suggested such a thing. I spent some time after the meeting with my line manager, who had sat opposite me; a very straight talking, no nonsense character who would have certainly informed me had I even appeared to have fallen asleep. I also walked 20mins back to my office with other colleagues, none of whom mentioned or hinted of their concern of this matter, as you would reasonably expect had such an event occurred.

The agency are saying, they have sufficient grounds to invoke a clause to terminate my contract with immediate effect. The clause of the contract enables them to terminate with immediate effect should they have reasonable grounds to be dissatisfied with my services.

So my question is, does a suggestion or claim that I was asleep by one person from an end Client, even though I wasn't, constitute reasonable grounds to invoke a clause that MY Client (the Consultancy) were dissatisfied with my services? Even though the original claim was not by them.

Is it to be noted that I was not woken by anyone (because I was not asleep at any point), I had not slumped into my chair, was not found under the table snoring. I have admitted I was tired during the meeting, and unfortunately my tiredness may have been noticed. However, yawning is mostly an involuntary process, and maybe I should have excused myself from the room however I did not want to miss any of the meeting. I can't believe that a natural human reaction constitutes a lack of ability or professionalism of services.

Also to note, the Consultancy's relationship with the Client had not been great before I started, of which I was warned about beforehand.

Apologies for the essay, but the context around events was important.

Thanks in advance.
(I'll be amazed if this has happened before).