Reply to: Contract Termination

[neel9821]

That pretty much sums it up. Though I would have no idea if consulting co knew in advance. It is more likely that it was as much a surprise to them as it was to you. I don't think they are being particularly bullying, they are probably just trying to keep their client happy.

Good luck, let us know how it pans out in the end.

We agreed to end the contract with me giving the months notice. End date 20th Sep... Hopefully there wont be any issues now

[neel9821]

That pretty much sums it up. Though I would have no idea if consulting co knew in advance. It is more likely that it was as much a surprise to them as it was to you. I don't think they are being particularly bullying, they are probably just trying to keep their client happy.

Good luck, let us know how it pans out in the end.

Sure

Anyway thanks once again

[neel9821]

Ah. I see. Bit naughty then. But then loads have experienced this sort of contract re-negotiation with rate cuts unfortunately.

If you really want to leave, refuse to sign it. Legally, you could probably get away with sticking to the original contract and prob could leave immediately anyway. MOO and all that even if there is a notice period.

Thats what I thought

[ASB]

Thanks a lot for some really valuable information.
So in layman's term, you are suggesting that there is a breach of contract due to the change of office location which consulting firm might have know well before my signing of contract.
And From my side I am still providing my services by working from home so I am fulfilling my duties.

I would try to get them agree mutually to end this contract

That pretty much sums it up. Though I would have no idea if consulting co knew in advance. It is more likely that it was as much a surprise to them as it was to you. I don't think they are being particularly bullying, they are probably just trying to keep their client happy.

Good luck, let us know how it pans out in the end.

[psychocandy]

The original contract was from 1st May to 15th Oct but now they have issued a revised contract from 10th Aug to 25th Feb and want me to sign the new one...

Ah. I see. Bit naughty then. But then loads have experienced this sort of contract re-negotiation with rate cuts unfortunately.

If you really want to leave, refuse to sign it. Legally, you could probably get away with sticking to the original contract and prob could leave immediately anyway. MOO and all that even if there is a notice period.

[neel9821]

Confused. So has this change of location come about mid contract or we talking about contract renewal time here?

If its mid-contract, then a bit naughty, but then I don't see there's much you can do about it. Like someone said, if you leave yourself on the bench for the sake of it, then you're going to worse off.

If its contract renewal, then I'd say they are quite within their rights to offer a different location. After all, renewal is another business contract. Up to them to introduce new terms if they see bit, up to you to ask for more money etc if you see fit. Its a business negotiation. At the end of the day, they are offering a contract at location x - no-one forcing you take it. Negotiate with them.

Came during mid-contract... Well I have already given them a notice as I am not happy with them

[psychocandy]

WFH was agreed couple of weeks ago but they do not want to pay any expenses. But now its subject to me accepting a revised contract

Confused. So has this change of location come about mid contract or we talking about contract renewal time here?

If its mid-contract, then a bit naughty, but then I don't see there's much you can do about it. Like someone said, if you leave yourself on the bench for the sake of it, then you're going to worse off.

If its contract renewal, then I'd say they are quite within their rights to offer a different location. After all, renewal is another business contract. Up to them to introduce new terms if they see bit, up to you to ask for more money etc if you see fit. Its a business negotiation. At the end of the day, they are offering a contract at location x - no-one forcing you take it. Negotiate with them.

[neel9821]

If you're working in Belgium the chances are you are a temporary employee with all the rights and protections and so if you handed in 4 weeks notice and left I doubt that there would be any consequences, just grit your teeth and work the notice.

That is something I will have to do but I dont like when people try to bully you.. I get pissed off big time

[neel9821]

So what?

Your contract is with the consulting firm so your dispute is with them (the consulting firm might have a reasonable force majeure argument in defence of any claim for damages you might make against them though).

The end client has no dispute with YOU. Any dispute they have will be with the consulting firm.

There are lots of introductory books on contract law. I suggest you buy one or borrow one from the library. Equally Google will no doubt turn up lots of useful info. You can apply the simple principles you discover to your exact situation.

Thanks a lot for some really valuable information.
So in layman's term, you are suggesting that there is a breach of contract due to the change of office location which consulting firm might have know well before my signing of contract.
And From my side I am still providing my services by working from home so I am fulfilling my duties.

I would try to get them agree mutually to end this contract

[ASB]

Well the change of location was in control of End client with whom they had contract to supply the services. But I had contract with the Consulting firm to supply services at specific work location

So what?

Your contract is with the consulting firm so your dispute is with them (the consulting firm might have a reasonable force majeure argument in defence of any claim for damages you might make against them though).

The end client has no dispute with YOU. Any dispute they have will be with the consulting firm.

There are lots of introductory books on contract law. I suggest you buy one or borrow one from the library. Equally Google will no doubt turn up lots of useful info. You can apply the simple principles you discover to your exact situation.

[BlasterBates]

If you're working in Belgium the chances are you are a temporary employee with all the rights and protections and so if you handed in 4 weeks notice and left I doubt that there would be any consequences, just grit your teeth and work the notice.

[neel9821]

Basically they will possibly try and argue that you are in breach of contract by failing to supply. I very much doubt they would get anywhere with this but anything is possible.

Either party could attempt to argue force majeure in defence of any breach proceedings from the other side.

What is force majeure? definition and meaning

In you case you have a pretty good argument for force majeure. In their case I think it is fairly weak since it doesn't seem to me that the location change was beyond their control.

Well the change of location was in control of End client with whom they had contract to supply the services. But I had contract with the Consulting firm to supply services at specific work location

[ASB]

What are the legal issues this can throw? I understand that if the work location on the contract has chagned then they can't force me to go the new work location. And in the contract it is no where mentioned that there will be change in the work location and I was also not informed at the time of signing the contract. This came out last month....

Basically they will possibly try and argue that you are in breach of contract by failing to supply. I very much doubt they would get anywhere with this but anything is possible.

Either party could attempt to argue force majeure in defence of any breach proceedings from the other side.

What is force majeure? definition and meaning

In you case you have a pretty good argument for force majeure. In their case I think it is fairly weak since it doesn't seem to me that the location change was beyond their control.

[neel9821]

Can you say you don't want to sign it, bit will fullfil the old contract if need be at the orignal location, otherwise they have to let you go.

That’s the perfect solution. But don’t know if this can cause any legal issues.... When the guy from IT consulting firm phoned up, his tone was kind of threatening but I told him that he has two options,
1. To terminate my contract with immediate effect and 2. I will serve a notice

After that he said it needs time to decide

[neel9821]

In which case:-

1/ Give your notice which you already have done.
2/ Explain to them politely and simply in writing that you are only prepared to provide services at the original location as specified in the original contract. Explain that they are in breach of the contract
3/ Withdraw your services
4/ Wait for the likely threats and respond politely
5/ Issue proceeding in the local court claiming the entire gross value of the contract

Accept that, like any breach, it can get a bit messy. As was pointed out, find your cojones.

If you can only accept it happening in nice fluffy bunny mode then wimp out and capitulate.

Remember the contract is there so all parties know where they stand in the event of a dispute.

Of course this assumes that the system in Belgium is similar to that in the UK.

What are the legal issues this can throw? I understand that if the work location on the contract has chagned then they can't force me to go the new work location. And in the contract it is no where mentioned that there will be change in the work location and I was also not informed at the time of signing the contract. This came out last month....