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  • FIRST POST
    • dranzer01
    • By dranzer01 8th Oct 16, 4:58 PM
    • 171Posts
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    dranzer01
    Termination Of A Contractor
    • #1
    • 8th Oct 16, 4:58 PM
    Termination Of A Contractor 8th Oct 16 at 4:58 PM
    If you are on a 12 month contract, and the company terminates it early, are they liable to pay you the remaining months or weeks left on the contract?
Page 1
    • Peter999
    • By Peter999 8th Oct 16, 5:01 PM
    • 451 Posts
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    Peter999
    • #2
    • 8th Oct 16, 5:01 PM
    • #2
    • 8th Oct 16, 5:01 PM
    It depends on what it says in your contract. I am an contractor on a 6 month contract, however, either myself or the agency can terminate it with 4 weeks notice.
    • dranzer01
    • By dranzer01 8th Oct 16, 5:40 PM
    • 171 Posts
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    dranzer01
    • #3
    • 8th Oct 16, 5:40 PM
    • #3
    • 8th Oct 16, 5:40 PM
    Thats where the issue comes in -

    Ive gone through the contract and I cannot see it saying 'they have to give me 4 weeks notice'

    They got rid of me on the same day VERBALLY, and they said i'll receive written confirmation of it in the post

    In the contract it states I need to have written confirmation of the termination (so does this mean i can still work at the company until i receive it?)

    When they said a weeks notice my ears did !!!!! a bit... I would have thought it would have been 4 weeks notice... at least...??
    • Undervalued
    • By Undervalued 8th Oct 16, 5:50 PM
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    Undervalued
    • #4
    • 8th Oct 16, 5:50 PM
    • #4
    • 8th Oct 16, 5:50 PM
    It depends entirely on the wording of your contract.

    As an aside, even had you been a "permanent employee" you would only have been entitled to one week's notice if employed for less than two years unless your contract specified more.
    Last edited by Undervalued; 09-10-2016 at 2:25 PM.
    • Bogalot
    • By Bogalot 8th Oct 16, 6:18 PM
    • 318 Posts
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    Bogalot
    • #5
    • 8th Oct 16, 6:18 PM
    • #5
    • 8th Oct 16, 6:18 PM
    Do I recall correctly that you have a history of being dismissed from jobs? It would be useful to get some feedback from the organisation to see if they tally with previous feedback, and what you can do to prevent it happening again.

    I would not expect four weeks notice when you have only been employed for such a short time, unless your contract provides for this.
    • Mr.Generous
    • By Mr.Generous 8th Oct 16, 7:18 PM
    • 872 Posts
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    Mr.Generous
    • #6
    • 8th Oct 16, 7:18 PM
    • #6
    • 8th Oct 16, 7:18 PM
    it depends why they have to terminate - if its SOSR from the customer I imagine they can terminate without notice.
    • motorguy
    • By motorguy 8th Oct 16, 7:39 PM
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    motorguy
    • #7
    • 8th Oct 16, 7:39 PM
    • #7
    • 8th Oct 16, 7:39 PM
    If you are on a 12 month contract, and the company terminates it early, are they liable to pay you the remaining months or weeks left on the contract?
    Originally posted by dranzer01
    As above, its contract based.

    They would be likely to have to pay a week or a month, unless there was some dismissal reason, then i'd have thought it was Adios Amigo the same day.
    Regards

    Paul
    • sangie595
    • By sangie595 8th Oct 16, 9:15 PM
    • 2,735 Posts
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    sangie595
    • #8
    • 8th Oct 16, 9:15 PM
    • #8
    • 8th Oct 16, 9:15 PM
    Do I recall correctly that you have a history of being dismissed from jobs? .
    Originally posted by Bogalot
    This appears to be at least the fifth. I would have thought by this stage the OP should have a pretty good idea why they keep getting dismissed.
    • Mr.Generous
    • By Mr.Generous 8th Oct 16, 11:24 PM
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    Mr.Generous
    • #9
    • 8th Oct 16, 11:24 PM
    • #9
    • 8th Oct 16, 11:24 PM
    This appears to be at least the fifth. I would have thought by this stage the OP should have a pretty good idea why they keep getting dismissed.
    Originally posted by sangie595
    surely they cant sack you just for punching customers?
    • Doshwaster
    • By Doshwaster 9th Oct 16, 9:55 AM
    • 4,424 Posts
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    Doshwaster
    It depends on what it says in your contract. I am an contractor on a 6 month contract, however, either myself or the agency can terminate it with 4 weeks notice.
    Originally posted by Peter999
    That's just happened to me. The project I was working on was "defunded" as part of the client's end of Q3 portfolio review. They are paying me until the end of the month to tidy up a few loose ends - and then I'm off on an unexpected holiday. It's important not to burn any bridges when something like this happens as you never know when they may want you back.
    • dranzer01
    • By dranzer01 10th Oct 16, 12:07 PM
    • 171 Posts
    • 32 Thanks
    dranzer01
    That's just happened to me. The project I was working on was "defunded" as part of the client's end of Q3 portfolio review. They are paying me until the end of the month to tidy up a few loose ends - and then I'm off on an unexpected holiday. It's important not to burn any bridges when something like this happens as you never know when they may want you back.
    Originally posted by Doshwaster

    and this is exactly what im trying to find out and know (awaiting my agencies response) - if im on a weeks notice or one month


    i always thought if you are provided notice.... you have to work up to that notice period....? they just told me to go the same day @ 4:45pm; so that left me a bit discombobulated
    • agrinnall
    • By agrinnall 10th Oct 16, 4:32 PM
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    agrinnall

    i always thought if you are provided notice.... you have to work up to that notice period....? they just told me to go the same day @ 4:45pm; so that left me a bit discombobulated
    Originally posted by dranzer01
    In a situation like this it's pretty common for the person to be required to leave immediately and be paid for the contractual or statutory notice period. They could make you go on 'gardening leave' where you can't go into work but you're still paid your salary until the end of the notice period (and in theory you should not get another job in that time) but that tends to be used more often for longer notice periods such as 3 months or more.
    • motorguy
    • By motorguy 10th Oct 16, 6:06 PM
    • 13,795 Posts
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    motorguy
    In a situation like this it's pretty common for the person to be required to leave immediately and be paid for the contractual or statutory notice period. They could make you go on 'gardening leave' where you can't go into work but you're still paid your salary until the end of the notice period (and in theory you should not get another job in that time) but that tends to be used more often for longer notice periods such as 3 months or more.
    Originally posted by agrinnall
    Hes not a PAYE employee though, hes a contractor, billing at a day rate.
    Regards

    Paul
    • Doshwaster
    • By Doshwaster 10th Oct 16, 7:13 PM
    • 4,424 Posts
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    Doshwaster
    and this is exactly what im trying to find out and know (awaiting my agencies response) - if im on a weeks notice or one month


    i always thought if you are provided notice.... you have to work up to that notice period....? they just told me to go the same day @ 4:45pm; so that left me a bit discombobulated
    Originally posted by dranzer01
    It depends on the employer and the situation. Friends who contract in the finance sector say that it is very common to be asked to leave immediately (even escorted out of the building by security) and then have their notice period paid up. Of course if you are being terminated for gross misconduct then you shouldn't expect any notice to be paid.
    • agrinnall
    • By agrinnall 10th Oct 16, 9:10 PM
    • 15,616 Posts
    • 11,326 Thanks
    agrinnall
    Hes not a PAYE employee though, hes a contractor, billing at a day rate.
    Originally posted by motorguy
    Agreed that he's a contractor, although billing a day rate directly to the client does seem less likely than working through an agency, but that doesn't mean that the scenarios I outlined would be significantly different - although immediate termination and a short notice period are much more likely for a contractor.
    • prowla
    • By prowla 10th Oct 16, 9:18 PM
    • 9,446 Posts
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    prowla
    If you are a contractor, then you don't have employment rights.
    • sangie595
    • By sangie595 11th Oct 16, 7:31 AM
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    sangie595
    If you are a contractor, then you don't have employment rights.
    Originally posted by prowla
    Given how often this OP seems to be dismissed, they'd never accrue any anyway!

    I suspect that instead of addressing whatever it is that led to them keep getting dismissed in the past, the OP thought that agency working would be easier and the bar wouldn't be as high. In fact, the opposite is often true - replacing an agency worker means nothing more than a phone call.
    • dranzer01
    • By dranzer01 11th Oct 16, 1:10 PM
    • 171 Posts
    • 32 Thanks
    dranzer01
    Given how often this OP seems to be dismissed, they'd never accrue any anyway!

    I suspect that instead of addressing whatever it is that led to them keep getting dismissed in the past, the OP thought that agency working would be easier and the bar wouldn't be as high. In fact, the opposite is often true - replacing an agency worker means nothing more than a phone call.
    Originally posted by sangie595

    seems to be a little venom with a tone in your recent posts in this thread... exactly what have i done to you??

    /

    yes, im contracting

    i send my timesheets + invoice to the agency

    the agency invoices the company

    the company pays the agency

    the agency pays me

    im on LTD
    • sangie595
    • By sangie595 11th Oct 16, 2:35 PM
    • 2,735 Posts
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    sangie595
    No venom at all. Simply observation that this is, what, the fifth job that you have been dismissed from? It isn't uncommon for people with a poor employment history, for whatever reason, to try agency working to make their CV look better. But if working through an agency is simply going to repeat history, then the agency will stop offering you work. When employers terminate your contract more often than not, then notice pay is the least of your worries. Continually getting dismissed is a bigger concern.
    • motorguy
    • By motorguy 11th Oct 16, 5:32 PM
    • 13,795 Posts
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    motorguy
    I get the impression OP is more an agency worker than a true contractor.
    Originally posted by Bogalot
    Its subsequently been confirmed by the O/P that hes a contractor.
    Regards

    Paul
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