Reply to: Contract early termination

[northernladuk]

Oh, and start your own thread next time rather than hijack someone elses.

[Pondlife]

Thanks for the advice and i can accept that they can terminate on any reasonable grounds but my point is i was given notice verbally before i left,

is there any possible angle to pursue a weeks payment, i'm really not that energised to chase it but if its rightfully mine i would like it

If you worked it, it's rightfully yours. If you didn't, you need to check what your contract says about them being required to provide you with paid work.

[northernladuk]

Thanks for the advice and i can accept that they can terminate on any reasonable grounds but my point is i was given notice verbally before i left,

is there any possible angle to pursue a weeks payment, i'm really not that energised to chase it but if its rightfully mine i would like it

Read your contract understanding your situation and you will have your answer. There is too much confusion between dates and the timings for us to say. If you were in contract and you worked those days and have a time sheet then probably. If no to any if those points then probably not.

[YoFezzo]

You might want to consider editing that so the agency and umbrella names aren't included



There you go - they have the right to terminate immediately because they are dissatisfied. They don't need to explain why they are dissatisfied, but "it's not working out" is good enough to invoke clause 9.2.4 here.



You can't pursue it. You have no contract with the agency or the client - you are an employee of the umbrella company, so you need to get your employer to take an interest and pursue it on your behalf. But since they would be onto a loser from the start, I can understand why they are reluctant to waste time and money chasing a lost cause.

You could look at an employment tribunal and pursue the umbrella, but I doubt that would be successful either.

Thanks for the advice and i can accept that they can terminate on any reasonable grounds but my point is i was given notice verbally before i left,

is there any possible angle to pursue a weeks payment, i'm really not that energised to chase it but if its rightfully mine i would like it

[northernladuk]

They have the right to terminate early, though, so the existence of a timesheet for future work after the termination (and it must be future work because the poster says 27th February) is irrelevant. The contract was terminated in line with clause 9.2.4 immediately, so having a timesheet that says you'll be paid for future work after the end of the contract isn't going to get you very far.

Even if you could pursue it personally, which they can't.

Yep. Fair point. That's true.

[TheFaQQer]

All of this but as Pondy said I am confused to what the timescales actually are. The normal line here is you only paid for the days you work regardless of notice period. If they don't like you and don't give you work you don't have a timesheet so won't get paid. It will state that in your contract. What confuses the issue is that you say you have a timesheet signed up until the end of the contract. Did he sign your days even though they haven't been worked yet or what?

The termination is a red herring. You are not going to get paid another penny if you do no work for them regardless of notice.

They have the right to terminate early, though, so the existence of a timesheet for future work after the termination (and it must be future work because the poster says 27th February) is irrelevant. The contract was terminated in line with clause 9.2.4 immediately, so having a timesheet that says you'll be paid for future work after the end of the contract isn't going to get you very far.

Even if you could pursue it personally, which they can't.

[northernladuk]

You might want to consider editing that so the agency and umbrella names aren't included



There you go - they have the right to terminate immediately because they are dissatisfied. They don't need to explain why they are dissatisfied, but "it's not working out" is good enough to invoke clause 9.2.4 here.



You can't pursue it. You have no contract with the agency or the client - you are an employee of the umbrella company, so you need to get your employer to take an interest and pursue it on your behalf. But since they would be onto a loser from the start, I can understand why they are reluctant to waste time and money chasing a lost cause.

You could look at an employment tribunal and pursue the umbrella, but I doubt that would be successful either.

All of this but as Pondy said I am confused to what the timescales actually are. The normal line here is you only paid for the days you work regardless of notice period. If they don't like you and don't give you work you don't have a timesheet so won't get paid. It will state that in your contract. What confuses the issue is that you say you have a timesheet signed up until the end of the contract. Did he sign your days even though they haven't been worked yet or what?

The termination is a red herring. You are not going to get paid another penny if you do no work for them regardless of notice.

[northernladuk]

Hi,

Need a small suggestion.
I joined a company as an IT contractor and terminated early after working for 10 days.
There is no proper place to sit and work along with sanitation.
My time sheets has been approved for 10 days however agency is not paying it.
Can i proceed legally on them ?

Regards,

I read in to this the OP terminated and I will make the assumption that he didn't give proper notice. Even if he had a week I am thinking 5 days in isn't really enough time to make a decision to meet the obligations. Correct me if this isn't the case....

On that basis...

We had a thread while ago about another poster that quit and didn't follow process so was in breach. I believe we argued the point that he SHOULD be paid the few days he was due but the agency was withholding payment to cover losses due to breach. The theory was that the OP should be paid and the agency should take legal action for breach to re-coup the cost. The agency just kept the money and circumvented this process. I think the upshot was it was up to the OP to chase and get paid but then deal with the legal issue after OR just swallow it as the cost would be about the same to him.

We did have a long argument about how much the agency could actually charge for breach and it was less than the OP was owed but it was going to be a long horrible process so was up to the OP to resolve.

I believe this to be the same situation so the advice is the same. Take legal action to get the agency to pay you if you want but then be prepared to fight the breach claim afterwards OR go for an easy life and just forget it and walk away. It's up to you now.

If no breach has occurred and the OP did give proper notice then just threaten the agency with legal action and Dun them to death and I am sure you will get your money. Saying that if that post is anything to go by I wouldn't pay you either. Hardly looks professional.

[TheFaQQer]

"to confirm that we are following up this situation with our client but we’re not sure when to expect a final decision. We will see if they are going to pay beyond 11th February and let you know as soon as we know. As it stands, on 11th February we gave notice to Network One on the contracts between Scope AT and Network One forthwith, without notice and without liability"

You might want to consider editing that so the agency and umbrella names aren't included

9.2. Notwithstanding clauses 9.1 and 9.3 of this Agreement, the Employment Business may without notice and without liability instruct the Consultancy to cease work on the Assignment at any time, where:
9.2.4. the Client is dissatisfied with the Consultancy’s provision of the Consultancy Services and has terminated the Assignment; or

There you go - they have the right to terminate immediately because they are dissatisfied. They don't need to explain why they are dissatisfied, but "it's not working out" is good enough to invoke clause 9.2.4 here.

i may have to pursue it through small claims (claim amount is around £1875 and cost for this around £100)

You can't pursue it. You have no contract with the agency or the client - you are an employee of the umbrella company, so you need to get your employer to take an interest and pursue it on your behalf. But since they would be onto a loser from the start, I can understand why they are reluctant to waste time and money chasing a lost cause.

You could look at an employment tribunal and pursue the umbrella, but I doubt that would be successful either.

[Pondlife]

Hi, Apologies for jumping in on this thread but i have a similar situation,

was due to leave a contract on the 27th of feb,

notice given on the 11th of feb, notice is either 7 days or 30 in writing not sure which one i'm entitled to.

Timesheet was signed by manager up to Feb 27th and i agreed to leave, his words to me are "its not working out".

I was quite happy to leave early so long as i was paid up the remainder as no professional reaons were given for my early notice.

It's not clear. At which point did you stop doing work?

[northernladuk]

If you tell us why and what your contract says I'm sure some of the old-timers will have god advice for you.

Just because he doesn't sound like he's from the UK why does he need god advice? Isn't that a bit racist?

[psychocandy]

Hi,

Need a small suggestion.
I joined a company as an IT contractor and terminated early after working for 10 days.
There is no proper place to sit and work along with sanitation.
My time sheets has been approved for 10 days however agency is not paying it.
Can i proceed legally on them ?

Regards,

Work with sanitation? Whats that mean?

Is that literal? i.e. working in the toilet????

[psychocandy]

Unless the contract gives the agency the right to retain funds in the event of breach of contract.

True.

[TheFaQQer]

Even if hes bailed early with right to do so then he should still get paid.

Unless the contract gives the agency the right to retain funds in the event of breach of contract.

[psychocandy]

What does your contract say about your right to terminate early? What is your opt out status?

Even if hes bailed early with right to do so then he should still get paid.
If hes in breach then thats another issue that agency may pursue.

But I agree opt out status is relevant here.