Help -advice needed !!

[TheFaQQer]

You should never leave this clause in a contract without a change to allow a reasonableness test and a remedial actvity opportunity.

Incredibly naive, I know. Fell for that on the first contract, without having a reasonableness clause in it. I did ask a solicitor for advice and "forget about it" was the best advice on offer!

Take the four weeks cash, before they realise that they owe you nothing.

[boredsenseless]

That pretty much sums it up - if they want to terminate the contract, they can. I got caught earlier this year on that one - the agent rung me up on the Friday morning and terminated the contract with immediate effect. No explanation, but the work was running out - still had four months to run on it though.

Have a break, and get a new contract in the new year.

You should never leave this clause in a contract without a change to allow a reasonableness test and a remedial actvity opportunity.

However if you negotiate price for work rather than price for day it matters not what they say in this clause. Remember though that a price for work means you might do it quicker therefore earning more or slower therefore earning less. But thats business!

[TheFaQQer]

the Client indicates to the Company that it is not satisfied with the performance of the Contractor or the Representative;

That pretty much sums it up - if they want to terminate the contract, they can. I got caught earlier this year on that one - the agent rung me up on the Friday morning and terminated the contract with immediate effect. No explanation, but the work was running out - still had four months to run on it though.

Have a break, and get a new contract in the new year.

[Lucy]

This sounds like a Hays 'offer a three month, actually six week gig' ...
I've read about this somewhere.

Good luck, I hope you find something soon.

[Sockpuppet]

THis wouldnt be the same agency that ended your contract after half a day would it? (Going by your previous posts)

You dont seem to be having much luck at the moment.

Time for a smilie overload me thinks....can you take it...huh.....can you.

[Hogan]

As has been mentioned, now that you are a contractor, you're best just to accept the situation, dust yourself down and get back in somewhere else.

Might not be the best time of year to be looking, but I'm still getting a steady-ish stream of requests in my inbox.

Four weeks notice is quite high too - so you can count yourself lucky there - this gives you a lot of time to get the CV updated and sent out.

Same happened to me not long ago ... and I had just a weeks notice in the contract.

Try to leave the gig on good terms ... you never know when they might want you back. In this case, you can negotiate for more dough to factor in the fact they may do this again :-)

[MarillionFan]

"Grow some balls, take it on the chin, and look for a new gig in January."

Tough audience.

[Cowboy Bob]

Hi,

I was offered a 3 month contract by an agency which started in early November and is due to finish in early February 2007.

*snip whining*

You're a contractor now, not a permie. You have no employment rights. Grow some balls, take it on the chin, and look for a new gig in January.

[Sockpuppet]

Your a contractor. They can get rid of you for any reason what so ever. If they couldnt do this then you would be well inside IR35 and prepared to get a spanking. Thats why we get paid more as we dont have a contract and any guaranteed on-going employment.

If you'd had the contract drafted the right way in the first place the whole gig would have been for a sum of money not a price/day so even if they had sacked you early you would have got the whole amount.

I feel for ya but they are giving you notice (redundancy is reason enough) as there is no work for you to do (client doesnt need you anymore) so there is not much you can do. Just becuase you have an end date doesnt mean that they cannot end the contract early

[fair_play]

Hi,

I was offered a 3 month contract by an agency which started in early November and is due to finish in early February 2007.

However, last week, a manager said my contract would not be renewed at the end of December to which my reaction was "My contract runs until early February 2007, what you mean?" He then said I should check with HR to verify this as he was certain it was the end of December.

Being rather pissed off I called my agency in the hope that this is due to miscommunication. After telling me that account director blah blah blah is looking into this I get a call from a jumped up account manager full of the blurb last Friday evening saying its been an error and in fact the client only signed this off for a contractor to work up until the end of December (she did not admit or say what happened but its clear its the agencies cock-up) and said that she will speak to my line manager at the client and try and resolve this. She intimated that one scenario (and the likely one from her point of view) if necessary notice would be given to me on Monday and I would get four weeks notice from then (the termination period) Now, having had time to think about this I am well **** that the agency offered me a 3 month which I signed etc and that I should now suffer as a result of their cock-up. Where do I stand legally? If I get four weeks notice this coming Monday, which is 20 working days, (and due to the fact that on the third week its Christmas etc and the company does not work on all of these days) am I legally entitled to 20 working days notice ? Would I need to work 20 whole days? to get the four weeks pay? (She also said it may be that I get paid for the last of the four weeks notice and stay at home for that week, even though New Year’s Day is a bank holiday).

I enclose the termination clauses in my contract. No clause mentions my situation. Can I be dismissed on what grounds ?

Duration and Termination
4.1 This agreement shall remain in force until the assignment is completed as defined in the Schedule (“Assignment End Date”) unless terminated earlier in accordance with the terms of this Agreement or extended by agreement of both parties under the terms of this Agreement. This clause shall be subject to clause 4.2 below.

4.2 Without prejudice to any other rights and remedies to which the Company may be entitled under this Agreement, the Company may forthwith terminate this Agreement by written notice to the Contractor if:

• either the Contractor or the Client goes into liquidation, or (in the case of an individual) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.
• the Contractor is in breach of any of its obligations hereunder;
• the Client indicates to the Company that it is not satisfied with the performance of the Contractor or the Representative;
• the Representative wilfully or negligently introduces a virus or other harmful code to the Representative’s or Client’s hardware or software used in the performance of the Assignment.

Any advice is much appreciated.

Many Thanks.