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Early termination

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    Early termination

    Hi all,

    Contract ended 75% of duration in with being asked to leave site at 10am (albeit on good terms), however this was a Friday and the timesheet was signed off to COB that day. I immediately emailed my agent giving full notice. A couple of phone calls ensued. The next working day, the agent replied to my notice claiming that as the client (Hirer) had asked me to leave site, that that constituted a termination of the Supply Agreement, which in turn terminates the contract immediately, without requirement of notice. So he claims - he did not supply proof of that the client asked me to leave. So, a few questions:

    1) Should I pur(sue) (for) the 2 weeks notice money, given I likely gave notice before the agent found out, or is it "game over" from either an IR35 or Supply Agreement perspective?

    2) Any firms specialising in analysing contracts?

    3) The agent requested I alter my timesheet to remove or void the final Friday. Personally not fussed about writing off a couple of hours but doesn't that sets a dangerous precedent? Apart from him asking me to falsify a timesheet - technically I WAS there on that Friday, and the weekly spread of hours isn't specific to how long I was there per day - here's a clause which states, "We may set off appropriate sums from your payments if we have suffered a loss..". If the agent is willing to defy a signed timesheet for 1 day, what's to be done if he falsely claims my work wasn't up to standard and deducting monies as per clause X ?

    4) My agreement stipulates only one 1 invoice per month. My understanding is that a company can legally invoice as often as it wishes, so my inclination, if it turns out the most advantageous course is to pursue the notice period money, is to go ahead and invoice regardless. After of course the current invoice is paid!

    Thanks, TM

    #2
    I would try to lose the battle of the 2 hours and win the 'war' which is the notice period.

    Unless they gave a demonstrable reason for ending the contract that day I would pass it over to IPSE or whoever you're insured with to chase.

    However, first - a phone call is worth a thousand emails. Talk it though.
    ⭐️ Gold Star Contractor

    Comment


      #3
      Early termination

      Just forget about it and move on, will be the jist of the advice after 20 or more posts on here - I’m just saving everyone some time


      Sent from my iPhone using Contractor UK Forum

      Comment


        #4
        Notice is essentially irrelevant for contractors.

        They don't have to provide you with work, and you won't have a timesheet for days not worked, you are not a permie any more.

        Comment


          #5
          Originally posted by GhostofTarbera View Post
          Just forget about it and move on, will be the jist of the advice after 20 or more posts on here - I’m just saving everyone some time
          This. Saves me linking a load of early termination threads, including the two this week alone, as well.

          You could fight to have your contract reinstated but there is a clause in there that says you only get paid upon receipt of a timesheet. You only get this if you've done some work for the client. They don't have any for you to do so you'll just end your notice period with no work done. Same situation you are in.

          It happens, move on.

          EDIT : To be fair I'd be putting an invoice in for 1/2 a day for the Friday morning though. If your agent doesn't do half days then I'd stick in the full day. I'd be putting this to them as a halfway house for the mess and hope they see this as a decent compromise. After a few mails back and forwards, if they refused i'd probably swallow it without much of a fight though.

          I'd then contact IPSE and claim my on my business interruption insurance which should cover it.
          Last edited by northernladuk; 12 August 2019, 16:01.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Hmm, so agency had no need to give notice?

            That Friday though - I'd be pushing for something at least....
            Rhyddid i lofnod psychocandy!!!!

            Comment


              #7
              Originally posted by psychocandy View Post
              Hmm, so agency had no need to give notice?

              That Friday though - I'd be pushing for something at least....
              A referral letter for the Food Bank?

              Comment


                #8
                Originally posted by Old Greg View Post
                A referral letter for the Food Bank?
                Money for fags and cheap booze.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by northernladuk View Post
                  Money for fags and cheap booze.
                  a £25 wetherspoons voucher.

                  Comment


                    #10
                    Originally posted by BR14 View Post
                    a £25 wetherspoons voucher hardship loan.
                    FTFY

                    Comment

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