Contract ended - 'not the right skills' Contract ended - 'not the right skills' - Page 2
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  1. #11

    Double Godlike!

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    Quote Originally Posted by tgardener View Post
    Seems very unfair to me.
    It is. Unlucky. Move on.
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  2. #12

    mavster07

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    Agree with all. Quite an unfair situation.

    Two things here to learn.

    First thing.

    When you draft up your contract, always put in the Schedule the 'Role, Responsibilities and Skills' and, if you can, the specific 'Project Work' to be performed. Then, its impossible (pretty much) for the client to argue that you don't have the skills because the agency - who actually sign your contract - have a legal duty of care to ensure the client agrees that you do.

    Second thing.

    If you ever have a client pull you aside and say you don't have the skills, always ask for the agency to be brought into the meeting and for a mutual discussion to be held looking at the role interviewed for, the skills in your CV, what was discussed at interview and where they don't believe the match is.

    If you really want the role, then fight for it by stating that you are prepared to fulfill and 'complete' the contract, even if that means you have to develop skills to fill any perceived gaps. You are entitled to that.


    I had a similar thing happen a few years ago. ClientCo got it wrong in setting up a project that didn't happen, so they tried to ditch me 4 weeks into a 6 month contract. But I was wise to this and knew they had other work I could ramp up on and so I called a meeting with the MD of the firm (it was fairly small) and said I was prepared to enforce the contract and complete it. I had the weekend to prepare my game plan so sort of ambushed them with that one. But the point was that I wanted the skills and knew I could deliver and so fought the good fight. I got to the six months and left.

    Avoiding issues like yours is all about planning for the worst and hoping for the best. The stronger you make your side of the contract the less likely it is for ClientCo, and thus the agency (who seemed to have copped out in your case - so typical) to just walk away unscathed. You just have to be prepared to be smarter contract wise and you'll be respected for it. Added to that, putting such stuff in your contract makes sure the Agency (and ClientCo) have 'understood' the ramifications of getting it wrong and changing their minds. And plenty do try believe me.....

  3. #13

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    Quote Originally Posted by tgardener View Post
    Hmmmm, if the shoe was on the other foot, I would suggest that the client would expect some compensation for a sudden departure...

    Just seems very unfair, the contractor (me in this case) is a soft target and now quite out of pocket.
    I agree. It is unfair. And that risk is built into the rate we charge.

    There are many, many crap things about contracting. But many benefits too. A permie job has stability but it is the same old thing, year in, year out. Contracting is unpredictable and has its downs, but it has ups too.

    In the grand scheme of things, an employer took a risk on a contractor, it didn't work out and they only lost 2 weeks' cost ... you got that money. Sounds like a small win to me.

    Now go and do it again, and again, and again until you retire.
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  4. #14

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    Quote Originally Posted by DeludedAussie View Post
    A notice period should be paid for even if you dont work there
    Really? Even if there is (possibly) a clause that states that the client is not obligated to provide any work? That comments stinks of IR35 IMO.
    If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

  5. #15

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    Quote Originally Posted by pmeswani View Post
    Really? Even if there is (possibly) a clause that states that the client is not obligated to provide any work? That comments stinks of IR35 IMO.
    It's annoying how everything gets reduced to an argument about IR35. We don't know that he's in or out of IR35, and he may even be using an umbrella.

    I'd be happy to sign a contract where they didn't have to give me any notice, but if it does say there's a notice period (my current one says 1 week), then what's the point of it being there if it doesn't mean you either work the week, or get compensated?

    I think if you pursue it you'll ultimately get the money. But don't expect them to pay because you ask.
    Will work inside IR35. Or for food.

  6. #16

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    Part of the deal really this. It happens, you just need to move along and get the next contract. Myself, I'd never get woud up about something like this. As far as I'm concerned, zero notice on both sides is the best arrangement, then if something doesn't work out on either side it's discussed openly and you both move on with minimal baggage.

  7. #17

    I live on CUK

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    In my limited experience, contracts are often contradictory. There may be a notice period, but it may also state that if no work is available at any time no payment is due. So you can effectively be given notice to end the contract but no work is available during that period, so no money is due.

    It is unfair in that it's a sh1tty way to do business, but let them do that. Best thing you can do is hold a life-long grudge. Don't ever buy anything from them (if their products / services are available) and bad mouth them to everyone you know.
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  8. #18

    mavster07

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    Quote Originally Posted by Fred Bloggs View Post
    Part of the deal really this. It happens, you just need to move along and get the next contract. Myself, I'd never get woud up about something like this. As far as I'm concerned, zero notice on both sides is the best arrangement, then if something doesn't work out on either side it's discussed openly and you both move on with minimal baggage.
    I think this attitude is quite poor. If you are in business for yourself and someone goes into a contract with you with a view of pulling the plug if it doesn't work out, why bother contracting ? you are doomed to get stuffed over more often than not. Sometimes you have to stand up for your principles and enforce the contract. Lots of situations where the contract is cut short ultimtely reflects on you in one way or another and your CV looks s**T because you have lots of small bits of work on it.....its situations you want to avoid in my view.

  9. #19

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    Quote Originally Posted by mavster07 View Post
    I think this attitude is quite poor. If you are in business for yourself and someone goes into a contract with you with a view of pulling the plug if it doesn't work out, why bother contracting ? you are doomed to get stuffed over more often than not. Sometimes you have to stand up for your principles and enforce the contract. Lots of situations where the contract is cut short ultimtely reflects on you in one way or another and your CV looks s**T because you have lots of small bits of work on it.....its situations you want to avoid in my view.
    You're take is quite wrong and I have a long, solid record of delivery exclusively with blue chip clients in the process and O&G industries. My opinion has nothing to do with poor attitude what so ever, and has a lot to do with establishing the ground rules for a mutually beneficial business relationship at the outset. Expecting some kind of pay off when a business situation changes as the OP appears to expect is far more the hall mark of a poor contractor in my opinion. But then again, opinions are 2 a penny anyway, I'll let the OP decide for his/her self.

  10. #20

    mavster07

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    Quote Originally Posted by Fred Bloggs View Post
    You're take is quite wrong and I have a long, solid record of delivery exclusively with blue chip clients in the process and O&G industries. My opinion has nothing to do with poor attitude what so ever, and has a lot to do with establishing the ground rules for a mutually beneficial business relationship at the outset. Expecting some kind of pay off when a business situation changes as the OP appears to expect is far more the hall mark of a poor contractor in my opinion. But then again, opinions are 2 a penny anyway, I'll let the OP decide for his/her self.
    Whatever, that's not how it comes across. Why go into a contract if to let yourself get screwed over I say.......

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