Reply to: Unreasonable behaviour??

[TheFaQQer]

I'm not a lawyer or expert, but that looks like an unfair clause - get your legal advice!

What he said.

The clause basically says that they don't have to pay you if they don't want to. No need to explain, no need to investigate - they say it's unacceptable, so won't pay.

Invoice for the work you've done, and move on - by suffering the financial loss, it helps move you outside IR35.

[Hex]

There is a great clause in the contract, I think lesson no 2 of this is resign in writting to the agency!


You should always resign in writing to the agency and tell the client only after the agency has confirmed receipt and if you want you can let the agency tell the client.

Your contract is with the agency not the client. If you had resigned to the agency before telling the client then it would have been much harder for them to refuse to pay you as you would have informed them you were terminating before the client contacted them. As it is you effectively put the ball in the client's court and let them control the termination by telling them first.

[Old Greg]

There is a great clause in the contract, I think lesson no 2 of this is resign in writting to the agency!

'No Payment will be due to the contractor if the services are, in the opinion of HN or the client, unaccepatable. The opinion of the Client or HN is final and HN is under no obligation to query the client in this regard.'

I'm not a lawyer or expert, but that looks like an unfair clause - get your legal advice!

[rz6bm7]

There is a great clause in the contract, I think lesson no 2 of this is resign in writting to the agency!

'No Payment will be due to the contractor if the services are, in the opinion of HN or the client, unaccepatable. The opinion of the Client or HN is final and HN is under no obligation to query the client in this regard.'

I will get some advice today but think, it's time to move on - thank **** I didn't stay with the client, the money they owe me is one thing, staying would have crushed my spirit as a human being! - in a strange way it was liike a permie experience, they client actually told me they were 'dissapointed in me' then marched me off the premises

[TheFaQQer]

Contract has a 'usable' substitution clause, there is a fixed rate work 'to be corrected in own time' They Client acts lie someone who wants a permie, fully expensed, company phone even evening meals maybe getting the contract examined would be an idea, if the contract falls into IR35 they really are taking a liberty!

Makes no odds whether you are inside IR35 or outside it. If the contract says that they can terminate it, they will.

The best possible result is that they pay your notice period, plus the work you've done.

The best I would expect you to be able to get is to pay you for the work you've done.

The worst is that you see nothing.

[Paddy]

Sue the f**ker!

I have done it before and you will feel much better afterwards.

PM me if you want advice.

[rz6bm7]

Contract has a 'usable' substitution clause, there is a fixed rate work 'to be corrected in own time' They Client acts lie someone who wants a permie, fully expensed, company phone even evening meals maybe getting the contract examined would be an idea, if the contract falls into IR35 they really are taking a liberty!

[Sockpuppet]

I'm limited so don't do IR35 there is always a risk if you contract..

Does that mean you dont look at it or you know you are outside after a review by B&C etc.

[TheFaQQer]

If you're a PCG member, give their legal helpline a call.

[rz6bm7]

Trying to get all the info I can but there is nothing in writting, apart from a mail from the agency quoting the clause of the contract,
I Opt Out, I'm limited so don't do IR35 there is always a risk if you contract..
Delivery,the client they really couldnt deliver anything- maybe a few biggoted puns but thats about their lot.

I did about 6 weeks and am about 8K down - they paid a little of what was due, it''s enough not to be happy about but is it enough to warrant putting my reputation on the line? Hell I have to get some legal advice.
This is what happens when you work with little hitlers, my gut reaction was to leave on day 2 never felt like that in a job, lesson for today trust your instinct!.

[TheFaQQer]

If the contract says that they can terminate it for unreasonable behaviour, then they can. They should pay for the work that you've done, though.

Did you opt out of the agency regulations? If not, then you need to invoice the agency and they have to pay you, unless they can prove that you didn't do the work.

Get something in writing from the client and agency explaining why they have terminated the contract, and why they are refusing to pay for work done. This may be handy if you decide to sue.

If the amount outstanding is small, then you may be better off writing it off and moving on. If not, or if you want to fight on the principle, then you need to get as much documented as you can - make a note of everything that you've done on site, both in terms of work and what might construe unreasonable behaviour, so that if it comes to court, you are relying on what you wrote at the time rather than what you can remember in a year or so.

And key a few cars on the way out.

[sathyaram_s]

How long have you been working there ? Have you delivered something ? How much is at stake ? Did you opt out ? What does your contract say about immediate termination ? Are you IR35 in or out ?

Get everything in writing, in case you have to take legal action

I took a contrat in PMO doing a project related role - I am normally a tech but wanted to practise my newly aquired Prince Cert, job was not great senior staff bullies/(in different century but thats an opinion)
Decided to put my notice in , rather than go down the whingin to the end of contract route. Immediately got summoned back to office to be dressed down marched off site- Yippee... until...

Contract manager calls from agency, tells me client is citing unreasonble service and refusing not only notice period (fours weeks) but also unprocessed timesheets for work already done, when asked why he told me of said unreasonable behaviour, and that the coincidence of my notice going direct to the client ment it was invalid and they would have sited my unreasonable behaviour anyway. (should have thought about telling the agency first but Stuff happens)

I contacted the client to ask why unreasonable behaviour , I was told that my one time wearing an I pod in the office (corporal offence in smaller org it seems) being late on site , and grumbling about travel to a collegue were reason enough....


So now do I look at taking His Nibs to small claims or write it off?, any experience of this guys and girls?

[NotAllThere]

It seems their argument is with your behaviour, NOT the quality of your work. Sue.

[rz6bm7]

His Nibs???

[DBA_bloke]

Name & shame time.