Advice on Contract Breach (Insufficient Notice Given)

[northernladuk]

The "performance" thing could be anything. Standard "cant be arsed and we want the contractor gone" speak.

It happens. Should you work the extra week? Depends how flush you are? If you need the money then do it otherwise tell them no.

Like someone said, I too am getting too old to worry if one client has an issue with me - I dont care anymore.

You wouldn't think so the amount of bitching and moaning you do.

[psychocandy]

The "performance" thing could be anything. Standard "cant be arsed and we want the contractor gone" speak.

It happens. Should you work the extra week? Depends how flush you are? If you need the money then do it otherwise tell them no.

Like someone said, I too am getting too old to worry if one client has an issue with me - I dont care anymore.

[tl97]

Advice on Contract Breach (Insufficient Notice Given)

Stay on good terms with the US team management, they might want you back in a month.

[LondonManc]

It's an absolute sham clause. They'll cite anything to get rid of you. Project pulled, budget run out, etc.
If they lock you out of the system and tell you not to come in, what can you do. Turn it around - would you work the two weeks for free if you knew they'd run out of budget and couldn't pay you?

Do the work, make sure you get the timesheet signed but also get acknowledgement and proof that you've worked those days so that you can invoice for them.

[perplexed]

AS others have said, there's no breach of contract. Notice periods are for perms anyway...

Upon request of staying on another week, I'd have pointed out company unavailability due to getting another contract due to their termination notice... a lie but in the circumstances does it really matter?

As I get older and grumpier I care less about burning bridges with people who are utter dicks.

[jayn200]

I can't imagine looking into my legal options for 1 week of pay that I won't even work.

Are you a contractor? If so this is a business for you and you can't just waste excessive amounts of time and resources chasing small sums of money you aren't likely to collect.

The effort you spend on this could be spent trying to get something new.

I would also work the extra week personally but I always find handovers much easier than doing real work. Plus if you don't do it who knows how difficult they will get with paying your final invoice. I've left on not ideal terms on 1 contract and it took me 3 months of chasing to get my final invoice paid which was for a full month so that sucked.

[SussexSeagull]

Not that is greatly relevant to your question but with having to put holiday on their system and getting involved in an internal debate about you staying or going it sounds like you went a bit native.

I agree with what everyone else has said. Smile sweetly and take the week's work and when that is over it stops being your problem.

[elsergiovolador]

I know this would apply on a zero hours type contract but this is for a daily rate and for a fixed term (I work in SAP and IT) and there quite clearly is work available as the project doesn't end until the end of the year and they have appointed a replacement. So this would suggest different circumstances.

It doesn't matter. It is effectively zero hours anyway. Work may be available, but no longer for you. I would be happy that they want to terminate immediately as they could as well just give you three weeks' notice and not give any more work.

[quackhandle]

Take the money as you can be a while on the bench, two months for me.

Smile through gritted teeth and be professional.

Some gigs you win...

qh

[GhostofTarbera]

Enjoy the extra week (they probably won’t pay you anyway) and that’s it

No come back

Move on

Read your contract

3 weeks is meaningless


Sent from my iPhone using Contractor UK Forum

[northernladuk]

I know this would apply on a zero hours type contract but this is for a daily rate and for a fixed term (I work in SAP and IT) and there quite clearly is work available as the project doesn't end until the end of the year and they have appointed a replacement. So this would suggest different circumstances.

Then you'd be wrong. Read your contract.

You get paid to do work. They are not obliged to offer you work (it's one of the main pillars of IR35) and if they don't you don't paid to do it.

[BigDataPro]

There is no point in fighting and worrying. Offer to leave early and leave. What would you do if they don't sign the timesheet? What would you do if they delay the payment? Is it wise to spend money & time to fight, or finding another contract?

If I were you, I wouldn't waste my energy fighting it.

[riiiiiich]

I know this would apply on a zero hours type contract but this is for a daily rate and for a fixed term (I work in SAP and IT) and there quite clearly is work available as the project doesn't end until the end of the year and they have appointed a replacement. So this would suggest different circumstances.

[northernladuk]

Bog standard advice that applies to every situation around early termination whatever the exact details.

In your contract it says you get paid upon receipt of a signed timesheet and probably also about getting paid when the customer pays up. They aren't obliged to give you work either.... so... if they want you gone on Friday they just don't give you any more work. You could be in contract for the next 15 years but if you don't work another day you don't get paid another penny. Doesn't matter if they terminate the contract today or on the last day of the notice period, the end result to you is exactly the same. So you are splitting hairs over nothing.

The issue isn't fundamental to the contract as you wouldn't have gotten paid a penny either way so I don't believe it's breach and you most certainly can't sue for lossesas you couldn't earn it so can't call it a loss.

IMO, take the week and earn every penny you can as there will be no more coming from this gig.

[riiiiiich]

Hey everyone, wondering if you can help me with an issue. I have been working for Infosys on an SAP project via Red Commerce. However, on Monday, I received a phonecall from the recruiter stating that they were terminating my contract on Friday of the same week (this week in fact). Acknowledged this but didn't say it was OK because I know perfectly well that the contract states that 3 weeks must be given by either side for termination. They tried to cite "performance issues". Now there was one dispute which was resolved satisfactorily where I had booked a week of holiday the first week in June and when it arrived they were unaware. This was registered on their system when I started the contract in February and they were told it was there, but they had forgotten and seemed quite pissed. However this issue was discussed and resolved. However in the call they did state "performance reasons" without ever giving any details, nor in my most recent call with the recruitment consultant assigned to me were any such issues raised until then.

I have been emphatic in stating this is a breach of contract and that the terms are unambiguous that 3 weeks notice must be given. There is no provision in the contract regarding raising of grievances or how that could possibly lead to early termination.

However this is not the end of it. As I was trying to handover it becomes clear that a section of the team (based in the US) are not entirely happy about my termination and would like me to work longer to complete work and perform a more detailed handover to my replacement. This would also indicate that my work is most certainly not of such a poor quality to warrant any kind of immediate termination if I have been requested for longer. Contact those responsible internally for clarification and that I do not appreciate their treatment of me or the situation.

This morning rolls around preparing to handover and leave, receive a phonecall at 10am that they've requested an extension. Quite frankly I feel like telling them where to shove it but I didn't want to jeopardise any potential claim I may have to compensation as this extra week would fall within the agreed notice period and then said they would sort out the outstanding week of notice not covered. A few moments ago, received an updated notice regarding termination of the contract but this time for next Friday stating they will not pay me beyond this period - so we are still in a breach of contract situation.

How do I stand legally here? I have been compliant with the request for extra work within the notice period, I acknowledged their original notice given but clearly stated that this does not fulfil their contractual obligations of a 3 week notice. I have thus complied with their request for an extra week but they've still left my high and dry and having to work an extra week with a company I utterly despise. Even if it is just one week missing, where does this leave me legally? There are two options that seem open:

Decline the extra week (although this may be more my anger speaking than a realistic option) as that was the initial notice period and (possibly) forego the next two weeks of possible pay. This may possibly leave me in a position of breach of contract now.
Comply with the extra week which they requested (I verbally agreed on the phone but with the caveat they'd look into the extra week) and pursue legal avenues for the recovery of the outstanding week they have not provided me with work for.

If anyone has any insight into this, I would be most appreciative.


Regards


Rich