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Looking For Legal Advice

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    #11
    Originally posted by craigy1874 View Post
    You are very confusing.

    You had a 'contract of employment' but then had a client?

    Can you please decide if you were 'self-employed' or employed by your 'client'?

    You really need to sort out your terminology to figure out where you stand and if you have any recourse.
    Sorry, ‘client’ is a technical term referred to in legislation.

    My company was employed to provide ‘professional services’ to a building ‘principal contractor’ and ‘principal designer’ again legally defined terms.

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      #12
      Originally posted by NotAllThere View Post
      1. Do you work through your own limited company?
      2. Do you work as an employee of another company?
      3. Are you an employee of the client?
      4. Does HMRC consider you to be self-employed?`

      Without this being clear, it's impossible to really give you advice.
      1. I work through my own limited company.
      2. I am the employee of my own company.
      3. I am not the employee of the ‘client’. The ‘client’ is a legally defined term in the U.K. construction industry.
      4. HMRC does not consider me as self-employed. I am an employee of my own company.

      I hope that helps explain a little more?

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        #13
        Originally posted by UK1 View Post
        1. I work through my own limited company.
        2. I am the employee of my own company.
        3. I am not the employee of the ‘client’. The ‘client’ is a legally defined term in the U.K. construction industry.
        4. HMRC does not consider me as self-employed. I am an employee of my own company.
        Seems straightforward to me then, with the type of contracts that *most* of us on here work through - clients can end contracts whenever they like, and they do not need to give a reason.

        It suits us because of IR35.

        The devil is in the detail though, what does your contract say about termination?

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          #14
          Originally posted by UK1 View Post
          IF they employ someone else in my position they will have broken the law by not have informing me why they asked me to leave, when I had done nothing wrong?
          There is no law that says you have you use a particular supplier unless they had 'done something wrong'. Equally they are under no obligation to explain or justify their actions. Any effect on their relationship with other clients or legal provisions is nothing to do with you. That's their business.
          "Don't part with your illusions; when they are gone you may still exist, but you have ceased to live" Mark Twain

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            #15
            Originally posted by UK1 View Post
            1. I work through my own limited company.
            I had a contract of employment
            No. Your company had a contract with the client to provide a resource to fulfil a particular role.

            As the project was still ‘live’ AND there was a contractural obligation between the contractor and the client to employ someone in my position, they have broken their contract with the client Quite possibly. But it's nothing to do with any relationship you might have with the client and the contractor.

            and IF they employ someone else in my position they will have broken the law by not have informing me why they asked me to leave, when I had done nothing wrong?No. They've simply told your company that they don't want to use the supplied resource any more.

            Now, most of us here are IT or technical contractors - that is, we provide our services to larger companies through our own ltd companys. (Well, and other ways as well, but for the purpose of discussion, not relevant), so we're not really aware of construction law and how the H&S officer fits with in it, nor how "whistle-blowing" might work and be protected. For that you need specialist legal advice. Or at least advice from other people in the building industry.

            What's important generally though is to keep track of what the actual business relationships are. Is your contract with the "client" or the "contractor"? Who told you that your services were no longer wanted? A representative of the client or the contractor?
            Down with racism. Long live miscegenation!

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              #16
              Wanting legal advice? See a legally qualified person such as an employment lawyer not some people on t'interweb.

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