My 6-month contract ended 3 days in!

fisicx

Moderator
Business Listing
Sep 12, 2006
35,644
10,803
Aldershot
www.aerin.co.uk
I understand, seems the recruiter and the client have had a major miscommunication (not my fault), but the recruiter can't terminate my contract because they have messed up? Surely?
Yes they can. Your complaint is the legality of that termination. Which is where the lawyers start racking up the fees.
 
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The reason for the termination is clear.

The agency failed to understand the needs of their client. You were the wrong person for that role.

The agency can't afford to keep you on their books if they are getting no revenue for you.

The end customer were within their rights to end the arrangement.

Whether or not the agency were within their rights to end their arrangement with you depends on the fine print of the contract you and them. To answer your question we would need to read that fine print.

I would ask them to refer you to the clause they are relying on, and see what happens next.
 
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Claire Freshney

Free Member
Nov 20, 2015
134
11
Manchester
Clause 16.1 says they are not liable IF..... and I must have breached another clause for them to not be liable which I haven't.

Also the "For the Working Time. The particular days on which the Services are to be provided will be mutually agreed between the parties;"

There wasn't even an opportunity to agree, they just terminated. I can work 9-5pm Monday to Friday. I just means that I will need some time to organise childcare for fridays and it was a preference that sometimes I start earlier and finish later.

So I'm still unsure why my contract was terminated
 
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What you said you would work is different to the needs of the company. If the recruiters didn’t pass on your working schedule to the company they have failed to do their job properly.

That being said, if you want compensation you will have to take legal action. Which means the only winners will be the lawyers.


Yes. Frustratingly, perhaps, in these situations if a conversation between the parties does not fix it, there is little of value to be done other than moving on to the next challenge.
 
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fisicx

Moderator
Business Listing
Sep 12, 2006
35,644
10,803
Aldershot
www.aerin.co.uk
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What we have here is failure to communicate

It would appear in this case that the recruiter falls into the weak 'tell everyone what they want to hear' school of sales.

In reality it's probable that behind the sloppy front are some decent contracts - how much time, money & effort do you want to put in to fighting them?
 
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IanSuth

Free Member
Apr 1, 2021
659
193
I would suggest that the primary issue here is that the client wanted an employee but did not want to pay for one.

Yes - that is my thought as well

What they want is a FTC employee but they thought they could get away without the obligations

I suspect either they found someone else who would toe the party line (as in another contractor likely through another agency even) so terminated your company contact as you were perceived as "hassle"

Remember unless the agency found a replacement they have also done a bunch of work for basically nothing as well, they get paid a margin on your hours, they were banking on 6 months worth of that margin and instead have received a pittance - few contract recruiters wok on retainer most are on contingency. There is no incentive for them to do 99% of the work and then dump you
 
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IanSuth

Free Member
Apr 1, 2021
659
193
Clause 16.1 says they are not liable IF..... and I must have breached another clause for them to not be liable which I haven't.

Also the "For the Working Time. The particular days on which the Services are to be provided will be mutually agreed between the parties;"

There wasn't even an opportunity to agree, they just terminated. I can work 9-5pm Monday to Friday. I just means that I will need some time to organise childcare for fridays and it was a preference that sometimes I start earlier and finish later.

So I'm still unsure why my contract was terminated

Ignore 16.1 look at 15.1 which is about the term of the assignment (16.1 is about termination due to an issue) particularly the piece i have bolded and how it interacts with the notice period of "immediate" for both parties listed in the contract particulars at the bottom - it also allowed you to walk away leaving them in the lurch with no notice or liability so it is fair

15. Term
15.1 This agreement shall commence on the start date set out for the Placement and shall continue (subject to the provisions of clause 15) until the end date set out for the Placement without the need for notice, unless terminated by either party giving the other the length of notice required by the Placement in writing. This term may be extended with the written consent of both parties.
 
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ethical PR

Free Member
Apr 20, 2009
7,486
1,645
London
I understand, seems the recruiter and the client have had a major miscommunication (not my fault), but the recruiter can't terminate my contract because they have messed up? Surely?

Why are you asking a forum. If you want to take legal action speak to a commercial solicitor.

Not quite sure why you are being disingenuous you know exactly why you were dismissed.

For £80K for six months many would have just sorted out childcare.
 
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Financial-Modeller

Business Member
Jul 3, 2012
1,219
459
London
The issue I have is it is not clear why I have been terminated.

Perhaps worth reminding you that precisely because your contract was one of service provision, not of employment, the recruiter is under no obligation to tell you why the contract has been terminated.

Despite mentioning that you want to work outside IR35, you seem to be thinking like an employee.
 
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