Reply to: Termination of Contract

[RichardCranium]

For anyone else who hasn't looked at the original date of this post, it was 2 1/2 years ago!

2½

HTH

Say, you are going to come back and update that post from time to time, aren't you?

[bobsmithldn]

For anyone else who hasn't looked at the original date of this post, it was 2 1/2 years ago!

oops - been on bench too long

[bobsmithldn]

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Look at this website - you can claim online for money you're owed.

Good idea.

[DiscoStu]

For anyone else who hasn't looked at the original date of this post, it was 2 1/2 years ago!

[bobsmithldn]

Good point - but you're overlooking a few other things in the whole discussion.

Yes there is a notice period but it has been removed by the use of the gross misconduct clause. He's lucky to be being paid for the work outstanding, most GM cases have to write that of as well.

If you want paying more you'll have to negotiate your way out of Gross Misconduct first.

Then we come to the next fun bit, if you go to ajudge with this (assuming GM is dropped) then he'll apply B2B laws and interpretations not employer employee laws, and looking at the contract and time served he may award the case to you but as you are a business you will more than likely be paying your own costs, and he will likely drop the amount of 'notice' so it is in keeping with the actual amount of work performed.

In reality not turning up for work without written proof of authorised absence or a contract that allows you to work flexibly or phonong in sick (and being able to prove it) is gross misconduct and unless you can prove (in writing) that they authorised the leave you are up the creek without a paddle. Remember once again we are in B2B land here not employee employer.

If you decide not to go back (they might pull the same trick again, boss sounds like a whimsical, insecure shi*) ... lodge a claim on the Small Claims Court website and send agent the paperwork, that'll shi* em up ... forget all this solicitor/judge stuff - waste of time/money and irrelevant ...

[bobsmithldn]

They changed their minds now and sent me an email.
Says I used the internet, took/made some personal calls and talked to staff about non-business stuff all during the week. LOL.

Unbelievable, however I certainly try to look busy in my first few weeks and keep my head down (net at lunchtime only, no personal calls on the client phone, best to look professional and focused on the work but relaxed and friendly) ...

[NotAllThere]

Sage advice, but it was over two years ago. Perhaps it's a bit late.

[HarryPearce]

Early termination

MF,

Just picked this up and I might have some advice of use.

First, the legal situation is that they may have breached your contract by failing to give notice. In which case you have a right to sue in the small claims court for the loss you incurred. But you must have attempted to mitigate the loss bu finding replacement work. So if you were kicked out Friday but had a new contract by the next Tuesday then you have no real case. Otherwise you have little to lose in going to the small claims court, and it might be worthwhile having a decent solicitor check over the contractual terms for termination - they can be very easy for a client to exercise.

Secondly, you have every right to know the reason why you were terminated. Write to both your client and the contract agency to request they release all material referring to yourself under the terms of the Data Protection Act. It may be that they have sullied your reputation without due cause, in which case you would have cause to ask for a correction to be made and possibly a secondary reason to take legal action.

Good luck

[TheVoice]

MF, go for payment in lieu of notice. You're a business FFS, don't let them get away with it.

If they don't pay, SUE THE flipERS!

Here here Churchill. Dont let the feckers get away with it.

I've been in a termination situation with 2 clients in the past - 1 a large bank via a large HP consultant whose excuse was that I wasn't sticking to the party line & telling truth a meetings......well, tough tulip! Took those feckers for a months money.

I now have a more B2B contract when I work, choosing not to stick to agency standard templates - in which I put an early termination clause of 20 days payment for terminations within 1 month of the end date & the entire period remaining thereafter. It makes clients & agents think before p*ssing around.

You have to look at it from the POV of "would <x large outsourcer> accept this & just walk" - they are a company & so are you. If they wouldnt accept it, neither should you.

[MarillionFan]

What a thread - the start of this pre-dates my time here and I'm curious, did MF ever get anywhere with the legal action?

We exchanged threats of legal action but I was too busy on another contract which I got very shortly.

Needless to say I now ensure that every time I ask for time off, I clarify with an email also copying in my home email address!

[Lucy]

Mmm, I was surprised to see this hijacked by a tranny discussion.

Oh well?

Is there something you need to tell us, MF?

[MarillionFan]

It's someone who wants to remind us about one of MF's more embarrassing moments.

Mmm, I was surprised to see this hijacked by a tranny discussion.

Oh well?

[TheBigYinJames]

Is goku7106 the new Wilmslow???

Careful now, or he'll come onto you, then report you to your boss for being a shemale when you rebuff him.

[BA to the Stars]

Is goku7106 the new Wilmslow???

[ace00]

What a thread - the start of this pre-dates my time here and I'm bi-curious, did MF ever get anywhere with the legal action?