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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am an IT contractor working through my own company. I

Resolved Question:

I am an IT contractor working through my own company.
I was engaged on a 3 months contract which was to end mid Feb. Just over a week ago I advised the client I would not be seeking an extension at then end of this period. The contract as a 4 weeks notice period on both parties.
On Thursday this week the line manager contacted me and said they are terminating now with 1 weeks notice in line with the contract, as he believed it was. I then pointed out it was in fact 4 weeks in the contract.
Yesterday they came back and said they are terminating immediately for poor performance on my part without a notice period.
Clearly this is an invention on their part to get out of the 4 weeks notice period. During my time their I have never had any conversation about my performance.
I would like to file a claim against the company.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Is there a clause in the contract which allows them to terminate immediately for poor performance?
Customer: replied 1 year ago.
Yes there is
Expert:  taratill replied 1 year ago.
Ok you can bring a claim in breach of contract, using the fact that originally they tried to give a weeks notice as evidence that they are now attempting to fabricate an issue of poor performance to avoid the 4 week notice period.You should tell them that if you are not given the 4 weeks notice this is what you will do.You will need to send a letter before action giving them the chance to pay you and threatening court action if they do not.You can then raise a claim at there is anything further you would like to know please ask. Otherwise I would be grateful if you would kindly take the time to rate my answer as I am not otherwise credited for my time.
Customer: replied 1 year ago.
Thank you I have already written to them to that effect and await a response.
Expert:  taratill replied 1 year ago.
that's good. If they do not pay then you should bring claim in breach of contract in the manner I have suggested. Good luck with it. If you have any further questions please ask. I would be grateful if you would remember to rate my answer before leaving the site. Many thanks.
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