Reply to: Contract terminated without cause and now further assignments being blocked

[TheFaQQer]

It is known that I have very complete notes from meetings.

What surprises me is that people don't do the same and just take my word for what was agreed.

+1

I'm usually the only person on the project who has any decent notes of what was said and what was agreed. I used to record meetings when the project was getting contentious, and then write my notes up based on exactly what was said - that way I could concentrate on the arguments rather than on taking notes at the same time.

I worked with one guy who used to flip-flop all the time about what was promised and what the design was, but he took no notes and had no memory of what he'd said to whom and when. He got a shock when I brought out my project notebook and said "that's not what you said on <date>" and could prove it...

[eek]

You could record and then transcribe verbatim.

Transcriptions are admissible I believe.

It is known that I have very complete notes from meetings.

What surprises me is that people don't do the same and just take my word for what was agreed.

[Incognito]

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Oftel - faqs

The way you would get this into court is to initially enter it as your version of the conversation, if as is to be expected the other party disputes this then you would simply state you have a full transcript of an actual recording made for your own records. The judge would likely allow the transcript / recording to be submitted as evidence to clarify the matter.

[cojak]

I agree it is a very grey area. I was simply pointing out that it is not a certainty that you have to advise recording is in progress for it to be admissible (even if you did it is not a certainty it would be admissible anyway).

You could record and then transcribe verbatim.

Transcriptions are admissible I believe.

[ASB]

True but that is a completely difference context. if you are ringing up to get someone to say something and they don't you are tempted to ask the question again or ask them a leading question. At that point your evidence becomes something akin to entrapment and gets thrown out. Recording calls as evidence is a very very grey area.

I agree it is a very grey area. I was simply pointing out that it is not a certainty that you have to advise recording is in progress for it to be admissible (even if you did it is not a certainty it would be admissible anyway).

[northernladuk]

It ain't that simple. It may well be admissible (check out what happens at employment tribunals for example). It's not a given though.

To take your assertion to it's conclusion you ring me up and threaten to do something nasty. I happen to have recorded that. Do you really believe that will be systematically barred as evidence? Particularly in a defamation action where the entire case would be based on what people have or haven't said.

True but that is a completely difference context. if you are ringing up to get someone to say something and they don't you are tempted to ask the question again or ask them a leading question. At that point your evidence becomes something akin to entrapment and gets thrown out. Recording calls as evidence is a very very grey area.

[ASB]

For the recording to be admissible you have to advise the other person you are recording the call.

It ain't that simple. It may well be admissible (check out what happens at employment tribunals for example). It's not a given though.

To take your assertion to it's conclusion you ring me up and threaten to do something nasty. I happen to have recorded that. Do you really believe that will be systematically barred as evidence? Particularly in a defamation action where the entire case would be based on what people have or haven't said.

[northernladuk]

If you've got a mate with a limited company ask him to get a reference from the company that is slagging you off, get him to record it via telephone or better still get it in writing. If you get evidence that they are slagging you off and their statements are unfounded and you feel that they are blocking you getting new business then call a solicitor and start from there to sue for compensation.

Highly unlikely they will give a slagging off over the phone for a reference as they can be sued for false representation so that probably won't work.

For the recording to be admissible you have to advise the other person you are recording the call. Once you tell him you are recording the call there will be zero chance he will slag him off.

Not going to work really.

[sbakoola]

If you've got a mate with a limited company ask him to get a reference from the company that is slagging you off, get him to record it via telephone or better still get it in writing. If you get evidence that they are slagging you off and their statements are unfounded and you feel that they are blocking you getting new business then call a solicitor and start from there to sue for compensation.

Hi,

I'm hoping for some helpful tips here. My contract was recently terminated ahead of the end date with no reason given. Apparently it's in my contract that the client need not provide a reason. Since then I've tapped up a few contacts for roles which are mysteriously coming to an abrupt end when it gets to the point where the potential hiring manager needs to seek out a reference from my previous one. Now, I've not been told of any wrongdoing whatsoever. I suspect the reason for my termination was circumstantial (e.g. teams merging and therefore my services being surplus to requirements) however, it now appears as though I'm being "blackballed" by my previous manager.

Am I able to request the reason?

Should I use a subject access request (DPA) to request information relating to my termination?

Any advice would be appreciated.

Incidentally, when the contract was terminated they did give me 2 weeks notice but offsite and paid.

[TheFaQQer]

Hi all,

I hadn't realised this thread was so active. So, since the termination, this particular individual has been negative referencing me to a point where I've missed out on 3 potential contracts. I'm considering legal action at this point - restriction of trade and defamation of character.

Good luck, let us know how you get on.

[EmicoSM]

Hi all,

I hadn't realised this thread was so active. So, since the termination, this particular individual has been negative referencing me to a point where I've missed out on 3 potential contracts. I'm considering legal action at this point - restriction of trade and defamation of character.

[eek]

Yeh but perhaps it was just the budget ran out or got cancelled or something? Client then just couldnt be arsed to explain it all to you.

+1 Tulip happens and clientco can't be bothered to explain. Accept it and move on its for the best.

[psychocandy]

I just find it strange not being told why, this is my first time just being terminated with 3 weeks paid notice and no reason. A part of my pride would like to find out that perhaps i was not good enough for the role or perhaps there was a budget issue etc...

The most suspicious part on my side is that I was lured to leave another contract to join the 'year long' contract at the client, and then after 3 months boom, out, no thanks, no reason.

The issue now is that i have friendships at the company and i'm quite confused how to contact these guys as i'm sure they'll probably hear the 'real reason' i was terminated before i do!

Any advice or pointers on how to approach this would help me in moving on and give me some kind of closure.

Gene

Yeh but perhaps it was just the budget ran out or got cancelled or something? Client then just couldnt be arsed to explain it all to you.

[Ticktock]

The issue now is that i have friendships at the company and i'm quite confused how to contact these guys as i'm sure they'll probably hear the 'real reason' i was terminated before i do!

Any advice or pointers on how to approach this would help me in moving on and give me some kind of closure.

Gene

LinkedIn? Email? Telephone?
If they were friends then surely you know some way of contacting them?

[Gene Woodman]

I just find it strange not being told why, this is my first time just being terminated with 3 weeks paid notice and no reason. A part of my pride would like to find out that perhaps i was not good enough for the role or perhaps there was a budget issue etc...

The most suspicious part on my side is that I was lured to leave another contract to join the 'year long' contract at the client, and then after 3 months boom, out, no thanks, no reason.

The issue now is that i have friendships at the company and i'm quite confused how to contact these guys as i'm sure they'll probably hear the 'real reason' i was terminated before i do!

Any advice or pointers on how to approach this would help me in moving on and give me some kind of closure.

Gene