Contract Termination

[Farmer jones]

Hi all

I started a contract in Feb 2016, and it seemed OK at first. A renewal came in after 3 months, and I accepted the renewal until September 2016. Notice period was 4 weeks from me, 1 week from client co. (I did ask them to change that but they refused....).

Anyway, things became bad, really bad, and I decided that I had had enough and gave the agency (and therefore client co) 4 weeks notice. Client co & agency agreed and accepted this. This set my last day on site as 29th July. (I have all of this in writing).

Three days later client co came back, and issued 5 day notice (as per their part of contract) citing "no work" as reason...a lie. I replied stating I wasn't accepting this, but nothing happened. This left my last day as 20th July.

I have filled in my client co time sheet & invoiced agency etc, but client co are now refusing to authorise my last three days time sheet (18,19 and 20 July) saying nothing was delivered. (Like what precisely and is "it" noted in the contract as a deliverable...er no).

So come Monday morning I want to be on the phone to agency from 10am (just in case somebody has over looked the time sheet).

What should my line of attack be....and where do I stand on the 20th July - 29th July issue (I guess if its an IR35 tight contract there's nothing I can do about the 20th - 29th July?).

Point being the 3 days.

Cheers

FJ

[northernladuk]

They don't have to give a reason to give you notice just as you don't. You've used the right in the contract and they've used theirs. Now you are upset theirs allows them to get rid of you sooner. It is what it is.

What is your opt in/out status. If you've got it right the agency has to pay you regardless if timesheets. If that is the case then you push it hard with them.

If you've got it wrong then you've a fight on your hands and could do with getting some legal advice. Looking at the situation it appears to me to be sour grapes so a couple of firm emails will probably do. Look up the late payment of commercial debts and mention that. It will look like you know what you are talking about which might scare them in to folding quicker.

[WTFH]

Anyway, things became bad, really bad, and I decided that I had had enough and gave the agency (and therefore client co) 4 weeks notice. Client co & agency agreed and accepted this. This set my last day on site as 29th July.

Three days later client co came back, and issued 5 day notice (as per their part of contract) citing "no work" as reason...a lie. I replied stating I wasn't accepting this, but nothing happened. This left my last day as 20th July.

OK, a bit confused here with your dates. If 29/07 was the end of 4 weeks notice, that means you handed your notice in on 01/07.
3 days after 01/07 is 04/07 and 5 (working) days from that takes you to 11/07. How do you make it 20th?

[MrMarkyMark]

You should be paid for any days you worked onsite, that is all.

[missinggreenfields]

What should my line of attack be

I'm unclear what you've actually worked or not worked.

If you have invoiced for time not worked, how about "sorry I've wasted your time trying to invoice for time not worked - can you just correct the timesheet and then pay me the invoice? Thanks"

If you worked the additional days then "I worked those days, and I wasn't opted out of the agency regulations, so you need to pay me according to the contract."

Good luck.

[Farmer jones]

Thanks that's cleared that up.

Contracted out of agency regs, and they need to pay me the remaining three days.

No worries on the dates.

Thanks NorthernLad.

[missinggreenfields]

What is your opt in/out status. If you've got it right the agency has to pay you regardless if timesheets. If that is the case then you push it hard with them.

Contracted out of agency regs, and they need to pay me the remaining three days.

Ummmmm - not convinced that those two bits in bold go together really

[northernladuk]

Thanks that's cleared that up.

Contracted out of agency regs, and they need to pay me the remaining three days.

No worries on the dates.

Thanks NorthernLad.

Oh dear... Read this...
http://www.contractoruk.com/agencies...pt-out.html_0/

[BurdockTheContractor]

Contracted out of agency regs, and they need to pay me the remaining three days.

Why and why?

[psychocandy]

Got to be fair the dates confuse me.

I guess thats the danger of having different notice periods, you give a month, the client thinks, well hes leaving anyway, lets get rid sooner so we can get someone else in. Maybe a bit unfair but I guess its in the contract so whats good for one is good for the other....

But as someone pointed out, I guess even if you had given them notice, they could have turned around same day and said no work now, bye and that would have been it.