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Reply to: Deboomed....

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Previously on "Deboomed...."

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  • missinggreenfields
    replied
    Originally posted by SueEllen View Post
    Most contracts have multiple termination clauses. It depends on which termination clause was triggered in to whether you get paid compensation.
    Which ones are in the OPs contract?

    Leave a comment:


  • SueEllen
    replied
    Originally posted by missinggreenfields View Post
    So, did the OP negotiate a contract clause which gave them the right to receive compensation payment in case of early termination, or did they just get some kind of mutuality of obligation?
    Most contracts have multiple termination clauses. It depends on which termination clause was triggered in to whether you get paid compensation.

    Leave a comment:


  • missinggreenfields
    replied
    Originally posted by SueEllen View Post
    No it isn't.

    Suppliers can negotiate contracts where they receive a compensation payment if the contract is terminated early and there was no issue with the service.

    On the other hand clients can also demand compensation if something fundamental to the service changes e.g. if the personnel providing the service changes. This is why enacting your right to substitution can actually be painful if the client fully agrees it can happen as they can penalise the supplier through payment and hand over conditions.
    So, did the OP negotiate a contract clause which gave them the right to receive compensation payment in case of early termination, or did they just get some kind of mutuality of obligation?

    Because there's a huge difference and without knowing what is in the contract, it's potentially dangerous advice to so boldly tell everyone that getting paid to do no work isn't an IR35 indicator.

    Leave a comment:


  • missinggreenfields
    replied
    Originally posted by pmeswani View Post
    The good thing is that I am getting my weeks notice paid. However, I am not sure if that is an IR35 indicator.
    On that length of contract, why worry?

    Worst case, put it in your pension.

    Leave a comment:


  • ChimpMaster
    replied
    Sounds very odd that they terminated your contract when you walked on site. Was that the first time they saw you, i.e. they just didn't like the 'look' of you or something?

    Leave a comment:


  • pmeswani
    replied
    Originally posted by NickFitz View Post
    Bugger. Sorry to hear that

    But sod 'em, something better'll turn up
    I hope so. I don't have an active Plan B at the moment. I'm not making money from my photography, so I need some cashflow soon!

    Leave a comment:


  • SueEllen
    replied
    Originally posted by pmeswani View Post
    My only worry is if the agency pays up.
    If they don't do a Dunning as it's in your contract.

    Leave a comment:


  • NickFitz
    replied
    Bugger. Sorry to hear that

    But sod 'em, something better'll turn up

    Leave a comment:


  • pmeswani
    replied
    My only worry is if the agency pays up.

    Leave a comment:


  • mudskipper
    replied
    Originally posted by pmeswani View Post
    That's good to know.
    Not a big concern if you were only there a few days, anyway.

    Leave a comment:


  • pmeswani
    replied
    Originally posted by SueEllen View Post
    No it isn't.

    Suppliers can negotiate contracts where they receive a compensation payment if the contract is terminated early and there was no issue with the service.

    On the other hand clients can also demand compensation if something fundamental to the service changes e.g. if the personnel providing the service changes. This is why enacting your right to substitution can actually be painful if the client fully agrees it can happen as they can penalise the supplier through payment and hand over conditions.
    That's good to know.

    Leave a comment:


  • SueEllen
    replied
    Originally posted by pmeswani View Post
    The good thing is that I am getting my weeks notice paid. However, I am not sure if that is an IR35 indicator.
    No it isn't.

    Suppliers can negotiate contracts where they receive a compensation payment if the contract is terminated early and there was no issue with the service.

    On the other hand clients can also demand compensation if something fundamental to the service changes e.g. if the personnel providing the service changes. This is why enacting your right to substitution can actually be painful if the client fully agrees it can happen as they can penalise the supplier through payment and hand over conditions.

    Leave a comment:


  • pmeswani
    replied
    Originally posted by greenlake View Post
    That's me after my date with Miss Piggy on a Friday Night.

    Leave a comment:


  • greenlake
    replied

    Leave a comment:


  • pmeswani
    replied
    Originally posted by GB9 View Post
    Much as I would like to know who, full marks for maintaining your dignity.
    There are worse things to worry about in life, like the EU referendum and whether George Osbourne will be the next Prime Minister.

    Leave a comment:

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