Reply to: If client terminates immediately - can you get them to pay notice?

[paulinefowlersgrowler]

I've read the clause. The insurance says that if the role is not as described and the agency terminates the contract, then they pay out £1k.

Worth asking the question, no?

Yeh worth a punt if it happens.

[TheFaQQer]

Yeh See the clause though.....

I've read the clause. The insurance says that if the role is not as described and the agency terminates the contract, then they pay out £1k.

Worth asking the question, no?

[paulinefowlersgrowler]

If they have breached the contract, then you sue for damages to rectify the breach. If they haven't, then you could try the £1k from IPSE arguing that the role wasn't as described and the agency has terminated the contract. Don't know how you prove that, though.

Yeh See the clause though.....

[TheFaQQer]

If client terminates immediately - can you get them to pay notice?

If they have breached the contract, then you sue for damages to rectify the breach. If they haven't, then you could try the £1k from IPSE arguing that the role wasn't as described and the agency has terminated the contract. Don't know how you prove that, though.

[jamesbrown]

Thanks all.

Yes I think Im stuffed here to be honest. I can see whats going to happen - as per my other thread - client is possibly going to ask me to leave one day and end the contract with the agency and because of this clause I have no right to notice it seems. Fair enough I signed it I suppose.

Im a member of IPSE and seen this but Im guessing this clause in the contract will preclude this:-

Agency fails to honour a signed contract
Sometimes agencies just get things wrong, so IPSE will compensate a member if:

the contracted role is not as described by the agency and/or contracted for by the member and the member’s contract is terminated by the Agency
the agency terminates without the required notice period stated in the contract
the contracted role does not exist or is withdrawn after the contract is signed but before the on-site date
Compensation: £1000

The agency won't have terminated without the required notice period, because there is no notice period. Just read the contract more carefully in future and get a legal review for T&C so that you can have any questions answered (although, I have to say, the clause you quoted is perfectly clear).

[paulinefowlersgrowler]

Thanks all.

Yes I think Im stuffed here to be honest. I can see whats going to happen - as per my other thread - client is possibly going to ask me to leave one day and end the contract with the agency and because of this clause I have no right to notice it seems. Fair enough I signed it I suppose.

Im a member of IPSE and seen this but Im guessing this clause in the contract will preclude this:-

Agency fails to honour a signed contract
Sometimes agencies just get things wrong, so IPSE will compensate a member if:

the contracted role is not as described by the agency and/or contracted for by the member and the member’s contract is terminated by the Agency
the agency terminates without the required notice period stated in the contract
the contracted role does not exist or is withdrawn after the contract is signed but before the on-site date
Compensation: £1000

[Elliegirl]

Jesus, how many times has this been asked recently and the answer each time has been NO!

I got paid a whole week when my contract was cancelled. So it's not always no.

[SueEllen]

Literally speaking you CAN get them to pay you notice, but it may need some serious good will on the part of the client or a friendly judge.

In reality with the type of contracts we end up signing you're more likely to be elected Pope than get notice from a client that wants rid of you.

You mean the type of contract you sign.

There are contractors who do due diligence with their contracts so won't accept clauses like that.

All this means in reality is that a more cunning client will state there is no more work for the contractor to do so don't come in.

[tarbera]

No if they had a good reason

They should sue you if you were tulip

[FatLazyContractor]

You could get a Notice period by raising tulip, but you may not be paid for it.

[TykeMerc]

Literally speaking you CAN get them to pay you notice, but it may need some serious good will on the part of the client or a friendly judge.

In reality with the type of contracts we end up signing you're more likely to be elected Pope than get notice from a client that wants rid of you.

[BlasterBates]

The notice period is there for the agency. So the agency may decide they want someone else in who is cheaper or they may want to cut your rate, in those instances they would give you notice. In this instance the client has simply decided they don't need you anymore, so no notice needs to be given. Harsh I'm afraid but true. But it is clear in the contract.

I have been given notice by an agency and the purpose was to cut the rate.

The subtle difference is the client wants to keep you on but under different terms.

Now there maybe an argument that a clause like that is not really legal or can't be used in that way, but it would cost a lot of money to find out, so best move on. It's not like chasing an unpaid invoice.

Not very professional of the client to dump people without notice like that, but following the forum seems to happen from time to time.

[SteelyDan]

:-(

Bit unfair that. So even if you've had a couple of extensions, client can, for whatever reason they want, just kick you out of the door one day and thats its?

Always amazes me, when I read stuff like this, that we have 'contractors' on here who clearly:

• Cannot read
• Do not understand what they signed up for
• Have no idea about how contracting works

WTF: YNCOTBAC really
HTF do these people get on?
And WTF has a couple of previous extensions got to do with anything?

[SueEllen]

Jesus, how many times has this been asked recently and the answer each time has been NO!

To be fair I got notice paid when a client terminated me early and few other posters have as well.

In my case I didn't have a clause like that in my contract. The client had to have certain grounds to terminate me which they breached. However oddly the reason the client terminated me and the other contractors wasn't the client's fault so they could have got away with not paying us, but I suspect they got paid from the end-customer we were doing the work for.

[BolshieBastard]

Jesus, how many times has this been asked recently and the answer each time has been NO!