Reply to: Contract Termination

[NickFitz]

that's not fair, he said the same as us but with out the piss taking

If you look at the final clause in your sentence, you'll see why the first clause is incorrect

[MPwannadecentincome]

Kewl! I've earned some kudos.

Can I trade it in for a TPD unlocking, pretty please?

you might make CUK poster of the year 2010!

[BrilloPad]

does he qualify for the first muppet of 2010?

No - the first sockpuppet.

As Brian Conley would say - its only a puppet......

[pzz76077]

Case by case basis. If I had followed that rule I'd of lost out on an awful lot of work over the years.

Me too, generally the average contractors contract is not worth the paper they are written on anyway and are designed to advantage the other side.

Personally, I am happier with a PO requesting x days of my time at x day rate. Forget the 'contract' waffle.

PZZ

[Olly]

that's not fair, he said the same as us but with out the piss taking

[RichardCranium]

1st decent reply.

Kewl! I've earned some kudos.

Can I trade it in for a TPD unlocking, pretty please?

[rootsnall]

Moral of the story...never, ever start without a contract.

Case by case basis. If I had followed that rule I'd of lost out on an awful lot of work over the years.

[scotspine]

Absolutely. This is "Accounting / Legal", not General.

Are you through an agency or is it actually a fixed term permie role? That will make a huge difference. If you are on their payroll, they might have to pay you for the full three months. (Search the DirectGov web site for "fixed term")

Since you turned up and started work, it can be deemed you accepted the contract. They let you on site and mess with their stuff so it can be deemed they accepted the contract.

Submit time sheets for time you worked and invoice for the time worked PLUS whatever the notice period is in the contract. If there isn't one, add a week. They might just pay up. If it turns into a bun fight, you can afford to sacrifice some of the notice period days and they will think they won.

1st decent reply. personally, i'd have no problem banning the lot of them but then the whinging... lord, the whinging

[RichardCranium]

they sent a specimen contract that I picked apart 2 days after start day.

By then, the agent would be perfectly within their rights to say "Too late. You've accepted. We change nothing."
unless they are sensible in which case it should be:

"Anything on the contract is open to negotiation. <smarm smarm> If there is anything you want changed, just let us know. <smarm smarm> Just mark up the contract with each change you want made. <smarm smarm> Beside each change write down by how much you are willing to reduce your rate to get us to agree. <smarm smarm> "

Actually, I'd quite like it if agencies would work that way.

Initial rate: £40 / hr
Payment by the day instead of by the hour: + £2.50 / hr
Work within the EWHD: - £5 / hr
37.5 hour week: - £6 / hr
35 hour week: - £7 / hr
Total IR35 compliance: - £5 / hr
Working from home: - £10 / hr
Weekly invoicing: - £4 / hr
Zero notice period: <default>
One day's notice: - £1 / hr
One week's notice: - £5 / hr
One months notice: - £10 / hr

At least it would make negotiation possible, rather than the usual "We are not allowed to change the contract - it's against the law" rubbish.

[pzz76077]

Question:

I was engaged to do a contract on client site for 3 months. I started working for the client, albeit it be at home most days but ended up doing a few days in total, then went on holiday - as was agreed.
I got back and they said I was no longer required to work. I have not yet been paid (hadn't submitted a timesheet yet) and did not sign the contract. Will I be able to claim for unfair dismissal and for the full 3 months of the contract or can I get the 5 days work paid?

Can someone help?

Thanks.

Do you have any emails etc that state rates, obligations on both sides etc.
A contract does not have to be any particular format and can be a collection of associated papers that together show some kind of offer and acceptance.
In fact it does not even need to be in writing, though verbal agreements are often hard to substantiate after the sky turns brown.



PZZ

[Olly]

sorry should have clarified (been correct in first place - darn Augustiner Edelstoff)
they sent a specimen contract that I picked apart 2 days after start day.
only addressed one of my comments and sent a signed one out 2 or 3 weeks later

[TheCyclingProgrammer]

You know I always wondered about that...
On my last role I rocked up without a signed contract...they emailed one a few weeks later and I said I wasn't happy with half of it.
Some of which they reacted to, such as payment terms.
Anyway...they finally sent a signed contract after 2 or 3 weeks in the job that was identical to the draft. I said I wasn't happy with it....we bounced emails for weeks and eventually I left.

The contract was IR35 nasty. I have a documented trail of rejection of the terms but I still did the work...hmmm

Moral of the story...never, ever start without a contract.

RichardCranium is quite right though; if you *have* been presented with a contract, then turning up and working without signing it can be seen as implicit acceptance of the contract (otherwise you wouldn't be there right?).

[Olly]

You know I always wondered about that...
On my last role I rocked up without a signed contract...they emailed one a few weeks later and I said I wasn't happy with half of it.
Some of which they reacted to, such as payment terms.
Anyway...they finally sent a signed contract after 2 or 3 weeks in the job that was identical to the draft. I said I wasn't happy with it....we bounced emails for weeks and eventually I left.

The contract was IR35 nasty. I have a documented trail of rejection of the terms but I still did the work...hmmm

[RichardCranium]

What contract?? He admitted he hasn't signed contract so none of this is applicable.

This contract:

Since you turned up and started work, it can be deemed you accepted the contract. They let you on site and mess with their stuff so it can be deemed they accepted the contract.

You don't have to sign a contract; it just makes life an awful lot simpler when things go wrong if you do.

[northernladuk]

I got back and they said I was no longer required to work.

Are you through an agency or is it actually a fixed term permie role? That will make a huge difference. If you are on their payroll, they might have to pay you for the full three months. (Search the DirectGov web site for "fixed term")

Submit time sheets for time you worked and invoice for the time worked PLUS whatever the notice period is in the contract. If there isn't one, add a week

What contract?? He admitted he hasn't signed contract so none of this is applicable.