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Gingercat
16th March 2013, 12:46
Hi my contract was recently terminated without notice . I signed a contract for a role which changed considerably in a short space of time - all outside of my control (I should have resigned but felt completing the contract was important). My skills no longer matched future requirements they terminated my contract 1 1/2 months early without any discussion / warning or notice and are refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

cojak
16th March 2013, 14:09
Yes they can. If there's no work for you then there's no work.

I terminated a contract for exactly the same reason, even when there was no notice period in the contract.

I will stay in a contract if the work is the same as the contract schedule, otherwise I have no problem terminating.

Wanderer
16th March 2013, 15:33
Hi my contract was recently terminated without notice. refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

Depends what your contract says.

I would also ask the client if they expect to pay the agency for your notice period or not.

You could issue them with an invoice for the notice period (if you have one) and follow it up from there with warning letters and legal action if they don't pay but it really depends on what your contract says so you might want to speak to someone like Safe Collections and get them to review your contract and tell you if you should be paid or not.

northernladuk
17th March 2013, 17:58
My skills no longer matched future requirements they terminated my contract 1 1/2 months early without any discussion / warning or notice and are refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

You want them to pay your notice period without you working it? Have a search on the forum as we have had a number of heated debates about getting paid notice period for nothing which will affect your IR35 status. Permies get paid notice period. Contractors don't IMO. If you can't do the work you don't get paid IMO. They could give you a years notice but if you don't work any of it you don't get paid.

I don't agree with sending invoices and sending warning letters. It won't do anything except make you look like a trouble maker which might come and bite you in the ass later on in your contracting career. Saying that I think it is a good idea to find out if your agent is getting your notice money. Would be an interesting situation that.

kingcook
17th March 2013, 19:29
You want them to pay your notice period without you working it? Have a search on the forum as we have had a number of heated debates about getting paid notice period for nothing which will affect your IR35 status. Permies get paid notice period. Contractors don't IMO. If you can't do the work you don't get paid IMO. They could give you a years notice but if you don't work any of it you don't get paid.

I don't agree with sending invoices and sending warning letters. It won't do anything except make you look like a trouble maker which might come and bite you in the ass later on in your contracting career. Saying that I think it is a good idea to find out if your agent is getting your notice money. Would be an interesting situation that.

I managed to get a copy of the client-to-agency contract once. I read in there that if, for whatever reaosn, the client decided that they did not want me to work an a/any particular day(s) then the client would still have to pay the agency.

It would be a different matter if I decided not to work (sickness, etc) - the client would not have to pay in this situation.

Of course I was never asked by client to not work.

Wanderer
17th March 2013, 21:17
I managed to get a copy of the client-to-agency contract once. I read in there that if, for whatever reaosn, the client decided that they did not want me to work an a/any particular day(s) then the client would still have to pay the agency.

And I bet you the agency would try to just pocket that money and not pay it to the contractor too.... :mad

kingcook
17th March 2013, 21:20
And I bet you the agency would try to just pocket that money and not pay it to the contractor too.... :mad

I'd say you were spot on there.

BolshieBastard
18th March 2013, 00:30
Hi my contract was recently terminated without notice . I signed a contract for a role which changed considerably in a short space of time - all outside of my control (I should have resigned but felt completing the contract was important). My skills no longer matched future requirements they terminated my contract 1 1/2 months early without any discussion / warning or notice and are refusing to pay the notice period. There was never any issue with my performance. Can they get away with this?

Did you do any research before you became a 'contractor'?

d000hg
18th March 2013, 09:05
Did you do any research before you became a 'contractor'?You mean like why contractors use sham companies, why contracts have sham notice periods, etc?

BolshieBastard
18th March 2013, 09:59
You mean like why contractors use sham companies, why contracts have sham notice periods, etc?

You mean legally registered companies?

And notice periods are for permies. My contracts only have termination clauses, mostly just on the client side.

HTH.

TheFaQQer
18th March 2013, 10:35
What is it about cats and these questions?

First there was KittyCat. Then Tiddles. And now Gingercat.

Maybe the feline populace just aren't cut out to be contractors?

d000hg
18th March 2013, 11:09
You mean legally registered companies?Well they're not companies if they're not legally registered.


And notice periods are for permies. My contracts only have termination clauses, mostly just on the client side.If you want to set up contracts not in the style recommended by PCG, that's up to you. I could say "all my contracts stipulate free bananas" but that doesn't mean anything to the world of contracting generally (though NickFitz might side with me...)

BolshieBastard
18th March 2013, 11:30
Well they're not companies if they're not legally registered.

Quite. And neither are they sham companies.


If you want to set up contracts not in the style recommended by PCG, that's up to you. I could say "all my contracts stipulate free bananas" but that doesn't mean anything to the world of contracting generally (though NickFitz might side with me...)

That'll be the same PCG who had their trousers pulled around their ankles and their anus vaselined up by the Government over IR35 will it? That pcg?

Sorry, I'd rather take the word of someone like Bauer & cotterill regarding termination clauses instead of some pressure group who have been very publically shafted by HMG. But, you carry on.

northernladuk
18th March 2013, 11:43
That'll be the same PCG who had their trousers pulled around their ankles and their anus vaselined up by the Government over IR35 will it? That pcg?
.

They will only need to nip round the corner for that now with their new offices being located in the city :laugh

Safe Collections
21st March 2013, 12:52
Quite. And neither are they sham companies.

That'll be the same PCG who had their trousers pulled around their ankles and their anus vaselined up by the Government over IR35 will it? That pcg?

Sorry, I'd rather take the word of someone like Bauer & cotterill regarding termination clauses instead of some pressure group who have been very publically shafted by HMG. But, you carry on.

To be fair to PCG, everyone gets shafted by HMRC one way or another ;)

Going back to the OPs post, yes they can probably terminate at any time. Can they withhold the notice period payment? Probably not if it is included in the contract.

But on a practical level, do you really want to get into a legal tussle over payment for time you haven't worked and potentially sour a relationship that may be profitable at some point in the future?

Practically speaking, it may well be easier and cheaper to find a new gig than strongarm the money out the end client/agency.