Reply to: Ambiguous Termination Clause

[NotAllThere]

Sounds like they've done him a favour. He's so far inside IR35 it must hurt but I'd say he doesn't have a clue what that means. It's got part and parcel written all over this one.

Please do remember that there are plenty of contractors in IR35 and they're just as entitled to post here as any other contractor.

[NotAllThere]

The implication of section d is that the end client could turn around and say you are not longer required. pack your bag up and go, (like a decree / directive or and executive order ) isn't that what a contract is meant to protect against ??.

No. Contracts lay out terms and conditions. You agreed to this clause when you signed the contract.

Legs available to stand on: zero.

[SueEllen]

Isn't the fact that the end client has said that 'op it an example of MoO?

MoO is complicated.

The shortest explanation is what NLUK said.

The longest explanation involves first what NLUK said and then what you think.

However what NLUK said is the explanation that has been tested in a court of law. This is why his explanation is always first and is undisputed until someone goes to a higher court which overrides it.

[northernladuk]

No. MoO is about giving work after the current agreement.

[Antman]

Isn't the fact that the end client has said that 'op it an example of MoO?

[jmo21]

Point 1 is for the client not needing your services.

Point 2 is if Experts want to terminate.

Also, what they all said.

[BlasterBates]

If you have a contract that states they don't pay if the client has no work, then it stands. I don't see any legal reason why not, after all employees have to put up with zero hours contracts.

What the notice period is there for is to stop the agency replacing you immediately if there is work.

I would not fight this beyond a letter or two as you're on shaky ground .

I would just move on, happens all the time.

[SueEllen]

Good luck with that seems your contract will explicitly stated they can do what have done.

To be fair contracts can state anything however whether they are legal is a different matter.

In this case the OP has nothing to complain about as s/he wasn't discriminated against or wasn't trying to do a protected act.

Personally the OP should move on rather than waste energy fighting a very large agency and take on board all the lessons learnt including most importantly not to p*ss off client staff.

[northernladuk]

Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

Why are you telling us and why are you giving poor advice. You don't need a solicitor. You need a contract specialise like QDOS, B&C and the like.

things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )

Why are you staring it out. You left itnin halfway down your original post. Again why are you telling us. The term you are looking for is 'I should have'

I shall be sending them a letter before action. That should hopefully make them see sense..
Failing that a small claims court awaits....

Good luck with that seems your contract will explicitly stated they can do what have done.

You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.

It's not your bloody employer. Jesus wept. Termination can be anytime and it can be instant. They withdraw any work so you've nothing to do and ask you not to come in again. You can have 5 years notice if you want. You won't work a daybof that so won't get a penny.

Remember..... Notice is for permies..

All this has been pointed out a number of times by expeti3nced contractors yet you don't want to listen.

As for the IR35 comments... no comments

Well you ought to have some comment. Unless you are via an umbrella you are in a very bad situation. I doubt your contract will hold up, you don't understand that you are a contractor as you can't even use the right terminology, you are clearly part and parcel and you are working without a schedule. And a year's worth of exposure? Jeez. Not good at all.

Time to start listening IMO.

[SueEllen]

Bravo! Ignore the haters,

I admire your Dunkirk spirit, well done sir

Sarcastic bast****

[SueEllen]

Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )

You are clearly a new contractor as virtually all agency contracts contain contradictory clauses.

I shall be sending them a letter before action. That should hopefully make them see sense..
Failing that a small claims court awaits....

Definitely a new contractor.

If you want to be seen as an aggressor and have the agency wait for you to drag them all the way through the courts for their amusement, send them a letter before action now.

If you want to do it properly send them an invoice and a letter requesting payment giving them your standard invoice time to pay. (Letter should be sent by registered post) When they don't pay up follow it up using the Late Payment legislation again giving them the standard time to pay, and then and only then do you send them a letter before action.

You only turn to the courts when it's clear the other party doesn't want to pay and you have evidence of that hence sending all letters by registered post. (Do not use email ) Civil cases are judged on the balance of probabilities and the judge can decide not to give you your full claim if they decide you were liable for x% of what went on.

You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.

They are not your employer. You are a service provider and how you work with the end client is by mutual agreement. You then have to learn how to manage the agency as well.

As for the IR35 comments... no comments

I strongly advise you to learn about IR35. If you go around calling your client or agency your employer and get dragged before a judge, which if I was the agency I would do due to your lack of understanding of any laws, they will crucify you.

[mudskipper]

Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

This - have it professionally reviewed (QDOS, B&C or IPSE (Abbey Tax) offer these services). What looks good to the untrained eye may not be so good when it comes to relying on it to get paid, or argue your IR35 status.

[MrMarkyMark]

Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )

I shall be sending them a letter before action. That should hopefully make them see sense..
Failing that a small claims court awaits....

You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.

As for the IR35 comments... no comments

Bravo! Ignore the haters,

I admire your Dunkirk spirit, well done sir

[dreamer]

Letter Before Action

Key thing to take away here is to read your contract thoroughly or just have it reviewed by a solicitor.

things to take away here all Expi**s contracts probably contain those contradictory clauses so be warned (If you ever work with them )

I shall be sending them a letter before action. That should hopefully make them see sense..
Failing that a small claims court awaits....

You cant work your notice period if your employer does not give you the option ( termination with immediate effect while you are on holiday). Absolutely no reason stipulated or specified. PS I was only there for a year.

As for the IR35 comments... no comments

[MrMarkyMark]

Sounds like they've done him a favour. He's so far inside IR35 it must hurt

Sounds like a case of getting in too deep, without knowing what you are really getting into.

I've heard of similar cases, before