Looking For Legal Advice Looking For Legal Advice
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  1. #1

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    Default Looking For Legal Advice

    Hi

    I’m new here but looking for some legal advice.

    I was providing ‘Professional Services’ on a project for over 2 years when I was just called into a room and told my Contract was terminated immediately with no reason.

    I held a position with ‘Statutory Requirement’ and this can only be carried out by someone that is competent in the area of expertise, like myself.

    Can you give me your thoughts on whether I would have a claim against my previous employer given the project has not concluded, there is still work I needed to do in this professional position.

    I DO think that in my position as I was pointing out Health and Safety breaches on site that needed to be addressed before handover of the site, I was not indenting myself to my employer, but my role was to ensure all,Design risks had been eliminated in the design, construction, repair and maintenance of the plant.

    Any thoughts please?

    I can not go into too much depth as probably the project will become known and then myself.

    Thanks in advance.

  2. #2

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    This is in construction? Do I guess correctly?
    Down with racism. Long live miscegenation!

  3. #3

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    What does your contract say?
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  4. #4

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    Yes, this is in construction.

    My contract didn’t mention anything about this and actually said that notice period was to be agreed.

    I don’t see that it’s right to replace someone just on a whim?

  5. #5

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    Quote Originally Posted by UK1 View Post
    Yes, this is in construction.

    My contract didn’t mention anything about this and actually said that notice period was to be agreed.

    I don’t see that it’s right to replace someone just on a whim?
    I don't really know how construction contracting works but for us in IT, we are flexible resources. There is usually a notice period in our contracts but the fact we are paid daily it's possible they can get rid on the spot with no come back. It's part of being T&M. I'd say with a 2 year gig you've done pretty well to be fair and it's a gutter it's over but that's the way it is sometimes.

    As I say, construction might work differently.

    That said starting working without the contract details nailed down isn't good form in any type of contractor work. The clue is in our title.

    Even if you do have legal recourse you are going to have to shell out on solicitors etc to make it stick.

    Check your contract carefully. Although you've no notice period does it mention anything about only being paid upon receipt of a signed timesheet? How comprehensive is the instant dismissal clause? If they get rid because they say you were a trouble maker or you were crap then there is very little you can do.

    Whatever you do, start looking for more work. This one is most likely dead in the water for now.
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  6. #6

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    Yes, but I was supplying ‘Professional Services’ advising the client about their legal obligations are in the U.K. This is like a Health and Safety advisor, the advice would change on a daily basis.

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    Quote Originally Posted by UK1 View Post
    Yes, but I was supplying ‘Professional Services’ advising the client about their legal obligations are in the U.K. This is like a Health and Safety advisor, the advice would change on a daily basis.
    So?
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  8. #8

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    So.

    I had a contract of employment but my terms of what I had to do were loose, as in I needed to give advice as to how to keep inside the law.

    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, 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?

  9. #9

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    Quote Originally Posted by UK1 View Post
    So.

    I had a contract of employment but my terms of what I had to do were loose, as in I needed to give advice as to how to keep inside the law.

    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, 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?
    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.

  10. #10

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    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.
    Down with racism. Long live miscegenation!

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