Hi,
Shell recently told all contractors they can not work from the 20 December 2018 until 7 January 2019. Our contract does not end until February 2019. Can Shell legally decide to cancel certain days in a fixed term contract?
Per gov.uk:
Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job, unless the employer can show that there is a good business reason to do so.
This is known as ‘objective justification’.
Per Eaglecliff:
We are not able to dictate which specific dates [your employee] can and cannot work on; this is something he has to agree directly with Shell.
Only days that are worked are payable and if [your employee] is not able to work on certain days due to Shell’s policy, we are unable to control this.
This is standard procedure for any contractor and the contract states a Start Date and an End Date; it does not guarantee that every day within these days can be workable.
background information
My contractor is based at Shell in London via Eaglecliff.
My contractor reports to a contract supervisor, also from Eaglecliff.
an important update as of Friday, 14th December
Shell approved the hours for the remainder of December.
Eaglecliff's accounts department confirmed this morning that they see the approved hours.
I ran in to a Director at a Big 4 Accountancy. He is also a Legal Director specialising in commercial contracts.
As I have said several times on this thread, he agreed with me that although these things always boil down to the specifics in the contracts, a contract which specifies a fixed term requires the client to pay for the entire term.
He also said, however, that for contracts negotiated on an agile basis, he has seen clients spread out the period between sprints. In that scenario, the client may not pay the ltd co for downtime in between sprints.
Thank you for reopening the thread. I wanted to make sure to clarify that Shell and Eaglecliff may not be insisting on the holiday. This issue could instead be about a manager who claims to represent Shell and Eaglecliff's positions. (I only realised this possibility today).
I thought it strange that there have been no emails from Shell's HR about this mandatory holiday. Usually, a company would tell people months in advance.
Shell recently told all contractors they can not work from the 20 December 2018 until 7 January 2019. Our contract does not end until February 2019. Can Shell legally decide to cancel certain days in a fixed term contract?
Per gov.uk:
Employers must not treat workers on fixed-term contracts less favourably than permanent employees doing the same or largely the same job, unless the employer can show that there is a good business reason to do so.
This is known as ‘objective justification’.
Per Eaglecliff:
We are not able to dictate which specific dates [your employee] can and cannot work on; this is something he has to agree directly with Shell.
Only days that are worked are payable and if [your employee] is not able to work on certain days due to Shell’s policy, we are unable to control this.
This is standard procedure for any contractor and the contract states a Start Date and an End Date; it does not guarantee that every day within these days can be workable.
background information
My contractor is based at Shell in London via Eaglecliff.
My contractor reports to a contract supervisor, also from Eaglecliff.
an important update as of Friday, 14th December
Shell approved the hours for the remainder of December.
Eaglecliff's accounts department confirmed this morning that they see the approved hours.
I ran in to a Director at a Big 4 Accountancy. He is also a Legal Director specialising in commercial contracts.
As I have said several times on this thread, he agreed with me that although these things always boil down to the specifics in the contracts, a contract which specifies a fixed term requires the client to pay for the entire term.
He also said, however, that for contracts negotiated on an agile basis, he has seen clients spread out the period between sprints. In that scenario, the client may not pay the ltd co for downtime in between sprints.
Thank you for reopening the thread. I wanted to make sure to clarify that Shell and Eaglecliff may not be insisting on the holiday. This issue could instead be about a manager who claims to represent Shell and Eaglecliff's positions. (I only realised this possibility today).
I thought it strange that there have been no emails from Shell's HR about this mandatory holiday. Usually, a company would tell people months in advance.
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