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Set an impossible job that is outside my contracted role. Resigning before sacking

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    Set an impossible job that is outside my contracted role. Resigning before sacking

    I'm on the third contract extension with this particular client, but an now in a new project that is so incompetent and riven with internal politics and lies that that it’s time to move on. I've been told to do something that is technically impossible and without any discussion. I'm being set up.

    I typically report to directors and am a senior consultant with a good reputation and many years experience.

    I'll be giving my required four weeks notice first thing tomorrow, but if they then try to terminate my contract on a false charge of 'inadequate performance' or some such then what legal comeback do I have?

    #2
    None.

    /thread
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by RustyWire View Post
      I'm on the third contract extension with this particular client, but an now in a new project that is so incompetent and riven with internal politics and lies that that it’s time to move on. I've been told to do something that is technically impossible and without any discussion. I'm being set up.

      I typically report to directors and am a senior consultant with a good reputation and many years experience.

      I'll be giving my required four weeks notice first thing tomorrow, but if they then try to terminate my contract on a false charge of 'inadequate performance' or some such then what legal comeback do I have?
      Put it in - they probably won’t do anything like that.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

      Comment


        #4
        Think about it for a minute, you have thrown in the towel and refused to deliver the project. What are they meant to do? They will cut you loose, get a new chap in and get the project delivered.
        Vote Corbyn ! Save this country !

        Comment


          #5
          So. My first post is the answer but I think you are not fully understanding contracting so let's go in to some detail.

          As a contractor you should have a very clear set of deliverables in a Statement of Work or in your contract. The term of the contract usually relates to the billing cycles of your client, not the length of the work. You come in and deliver the work. Once you have you are done. The contract should end there and then.

          If you have been given a generic job role and the client finds you other work then you potentially have an IR35 issue. As per your contract the client is not obliged to give you any more work and you are not obliged to take it. This is Mutuality of Obligation and is one of the three key pillars of IR35. Direction and control is another and you could fall foul of this by being told to do other things outside your original scope of work.

          So in your situation, assuming your got a SoW and your contract has passed an IR35 check, the agreed work is done. They can offer you something else to which you must get a SoW drawn up. If you don't want it then you say no thanks and the contract ends.

          Notice periods are largely pointless for us. We are paid to do a day's work. If the client takes the project off you the you are done. You can put your notice in but won't get paid for doing no work so effective instant termination. They don't need to bugger around with excuses about your performance. You don't work so they won't pay you.

          Have a think about all that, look at your situation and then see what your options are.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Why resign?
            Do what you should do as a professional and document your concerns. At least if you get them acknowledged, you've carried out professional due diligence on the project, at which point you can then justify why you shouldn't be on site.

            More to the point, why would you want to stay somewhere and head into IR35?
            The greatest trick the devil ever pulled was convincing the world that he didn't exist

            Comment


              #7
              Originally posted by RustyWire View Post
              I'm on the third contract extension with this particular client, but an now in a new project that is so incompetent and riven with internal politics and lies that that it’s time to move on. I've been told to do something that is technically impossible and without any discussion. I'm being set up.

              I typically report to directors and am a senior consultant with a good reputation and many years experience.
              This sounds like contracting to me.

              Smile 'n' invoice.

              Comment


                #8
                Originally posted by Old Greg View Post
                This sounds like contracting to me.

                Smile 'n' invoice.
                As much as I detest agreeing with OG, this is exactly the attitude.

                Though I would start applying elsewhere too.

                Comment


                  #9
                  Originally posted by Old Greg View Post
                  This sounds like contracting to me.

                  Smile 'n' invoice.
                  Yup describes over half of my contracts.

                  Most of the time companies are bringing in contractors because they think throwing money at the problem will make it magically fix itself.

                  So they plonk you down, stuff a bunch of dollar bills in your pie hole and tell you to 'write the software'. You ask for a spec and they go 'hurrrrrrrrr' and you end up staring out of the window for 7 hours a day waiting for some bugger to make it possible to do your job.

                  You quickly learn this is preferable to harassing people to give you work, because it still doesn't give you work but it does piss everyone off.

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