Reply to: contract terminated without notice

[7specialgems]

Hi,

I am an IT contractor and found out yesterday that I have had my contract terminated with immediate effect.
The email from my agency states it is due to "unsatisfactory performance".

Unethical but seemingly common - subjective way of terminating contracts early when the client's project is about to go pop, the budget is blown, etc.

Have a couple of pints and chalk it up to experience.

It's a good one for IR35 as well I suppose - you've just absorbed some unexpected financial risk.

[northernladuk]

Forget IR35 it's dead. It's only kept around as a deterrent and to give NLUK something to bash newbies about.

Absolutely!!... Eh... Hang on a minute......

[SpontaneousOrder]

Steria have something similar in their contracts - I'd copy it here but am on my phone and can't select from the PDF.

I saw them use it when they were Xansa Recruitment to get rid of people without having to pay them off.

Mine with rethink has the same too. I couldn't care less as I need signed time sheets to get paid anyway so it makes no difference.

I'm with Nluk on the ir35 thing (unless I misunderstood the debate). I get my schedule amended any time my assigned project, or responsibilities change.
I don't think it's too common though as everyone goes with the flow, but sounds a bit confused.

[SueEllen]

There is nothing stopping you challenging it and asking what they mean by "unsatisfactory". Then asking to put that wording in the contract.

[TheFaQQer]

I had that exact wording once with a contract I had with e-Resourcing; only time I've ever seen it.

Steria have something similar in their contracts - I'd copy it here but am on my phone and can't select from the PDF.

I saw them use it when they were Xansa Recruitment to get rid of people without having to pay them off.

[Cenobite]

5.2.3 for any reason the Consultancy proves unsatisfactory to the Client;

I had that exact wording once with a contract I had with e-Resourcing; only time I've ever seen it.

[kal]

Forget IR35 it's dead. It's only kept around as a deterrent and to give NLUK something to bash newbies about.

Waits for NLUK to reply...

[Unix]

Explain this IR35 thing which seems to change things?!

Forget IR35 it's dead. It's only kept around as a deterrent and to give NLUK something to bash newbies about.

[oliverson]

Thank you.

I can add, categorically, it was not due to poor performance! I am an extremely hard working individual who has been praised throughout the year by staff, colleagues and line manager in review meetings.

I was handling multiple large projects and being tasked with additional work every single week.
I by far had the biggest workload of the 4 contractors and this was all reviewed within the past 7days by the manager who let me go unexpectedly.

Regards

Somebody has probably looked at a spreadsheet of rates and said "why is this Bob being paid 5 times more than all the other Bob's we have here?" :-D

Joking aside, a similar thing happened to me on my first ever contract. I joined a team of established contractors who'd been there some time and had cherry picked all the decent work, leaving a huge pile of crap for the poor sod, in this case me, who was last in. It was an impossible situation, especially for a first timer and after a few months I was given the marching orders. Like you, I was very upset at the time, couldn't believe it. I successfully got a settlement from the agency but had to fight for it - commissioned my own barrister and they settled just before it went to court. Looking back though, it was really a waste of time, fighting for a 4 week lost of around £ 4k. You have to prove you've actually suffered a loss as well, so if you end up landing a contract tomorrow, you've not really suffered any loss.

My advice to you would be to just move on and use your energy to find something new and more suitable. This happens in contracting.

p.s. I forgot to mention that my next contract was far better paid, 20 mins from home and lasted over 2.5 years. Beauty. Oh, and the company who shafted me on the first contract laid off most of the contractors and management team.

[aoxomoxoa]

Time to move this thread to General methinks.

[SuPaStA]

Explain this IR35 thing which seems to change things?!

When Hector comes knocking just make sure to show them the paperwork with the tick box opting you out of IR35.

[Batcher]

Explain this IR35 thing which seems to change things?!

YANCOTBAC

[northernladuk]

I take it all back, NLUK.

(Feeling just a little bit smug)

[bob132]

You were doing well until that comment.

Explain this IR35 thing which seems to change things?!

[tractor]

.....

I opt out of IR35.
I have been there less than 1year.
I will not be contesting the early termination or seeking financial recompense given clause 5.2.3 it's absolutely pointless in my opinion...

Let sleeping dogs lie I say..
I had already lined up an interview for next week knowing things were no longer secure given the switch to 1month contracts.

I am quite happy to be out of there if honest.

I thank you all for your replies and advise..

Onward and Upward

Don't we all?