contractor rights

**BrilloPad** · 10 February 2012, 14:58

What does your contract say? If they can terminate then they can terminate.

In a previous contract there were 2 contractors who argued - each time with a permie. The contractors were let go - that is always the way it is.

If you want rights - become a permie.

Did this other contractor torment any of the permies?

Sounds like time to forget it and move on.

**northernladuk** · 10 February 2012, 15:16

Originally posted by lucozade View Post

I'm looking for some advice please as to how best to proceed.

I'm a contractor and have been working with another contractor who has been regularly racially abusive, drawn male and female genitalia at least 100 times across 3 of my notepads and singled me out for non-privileges within the team, i.e. working from home. He has been threatening towards all members of the team and told us all that he would ruin our careers if we stepped out of line or applied for work elsewhere.

I am sorry but I seriously cannot believe that any company would let a contractor get away with this. A slightly tall story possibly? Either way he will get his just rewards at some point.

He recently instructed me verbally to do a piece of work which I started only to then get abusive later that he had not given the work (I couldn't invent it!)

I've raised a complaint with management and the result of which was I was put under review.

You are a contractor I am afraid. Stiring the waters will come back on you. We cannot cause a fuss like permies can. If it was so bad you couldn't continue the work then I guess I might also have raised it but always with a heavy heart knowing I would be stuck between a rock and a hard place in the end. I don't think they would do this with no reason whatsoever. I think you are missing some key facts here. I would also worry that being put under review in the same way as a permie blows your IR35 right out the window.....

the outcome of the review was that I've been given 1 weeks notice period (with 3 months remaining on the contract).

Unfortunate. The fact you got a week I think you have done well. I am sure you will have an immediate termination clause in your contract.

I'm in utter shock that the business did this based on the fact I had raised the complaint. The other contractors counter claim was that I wasn't meeting targets or performing well. A total and utter fabrication of the truth as I'm the only one to have delivered anything in the last 18 months.

That's the way the cookie crumbles I am afraid. Again being a contractor you cannot afford the luxury of raising complaints and being immune the fall out. From what you say I see a different picture emerging here anyway.

The agency are being very good but their hands are tied. The've advised me to seek legal advice and hold onto all the evidence I can.

He is telling you what you want to hear as I am sure you picked the phone up and poured all your troubles out to him. Bottom line here is he doesn't give a flying stuff. He is as angry at you as the client is as he now gets no revenue from you. You have messed up his bonus and now he has to do some work. He is not on your side, you are history, forget him.

The question is - should I bother down this route or just walk away?

As a contractor what are my rights?

You have the right to take it on the chin and start looking for a new gig. It is what we do.

I'm going to out of pocket to the tune of nearly £30K as a result of lost contract earnings.

You are a contractor. You get paid for what you do so if you didn't do anything you get paid nothing. You are not out of pocket as you didn't work it. You could put the word 'Potentially' in there but the bottom line is we get paid for what we invoice. If we don't invoice it it don't count I am afraid.

I see two stories coming out in all this, no smoke without fire, but I am sure you won't be telling us everything.

What I also smell is a bit of hidden permie going on here looking at some of the terminology and your expectations of the client. You sure you are comfortable with your IR35 status?

**TheFaQQer** · 10 February 2012, 16:03

Originally posted by lucozade View Post

As a contractor what are my rights?

If the client has terminated your contract in line with the contract, then your rights against the client are nil.

If the client has not, then you could sue for breach of contract, but I doubt that they have breached the terms.

If you have evidence that the other person lied about you and, as a result you lost work, then you could consider suing for libel and /or malicious falsehood. It's a high burden of proof, and will be expensive, though.

**tractor** · 10 February 2012, 16:50

...

Originally posted by lucozade View Post

I'm looking for some advice please as to how best to proceed.

I'm a contractor and have been working with another contractor who has been regularly racially abusive, drawn male and female genitalia at least 100 times across 3 of my notepads and singled me out for non-privileges within the team, i.e. working from home.

So you didn't get to work at home? Was it provided for in your contract?

So it took 100 incidents of what could be construed as sexual harrassment before you decided to actually do something? And that strangely coincided with you being served notice on your contract? Odd, I would have thought after the 3rd or 4th time, you would have called the police, let alone 100 times.

He has been threatening towards all members of the team and told us all that he would ruin our careers if we stepped out of line or applied for work elsewhere.

You really believed he could do all that stuff? I really don't want to be rude but you might want to grow up before you apply for another contract.

I'm going to out of pocket to the tune of nearly £30K as a result of lost contract earnings.

That won't make a difference to a court. They will only award compensation for ACTUAL losses. We aren't talking about an employment tribunal here.

As others have said, there is more than meets the eye here. Definately.

**minstrel** · 10 February 2012, 17:14

I agree with everyone else, best to just take it on the chin and move on.

If you want, put in a formal complaint about him to HR, but it's highly likely you'll just be perceived as a disgruntled ex-contractor with a grudge.

In future, if you ever find yourself in this situation again I would suggest to always go to someone outside the project when raising concerns. If you raise it with direct line management there is often a cultural tendency to take the side of the senior contractor regardless of blame.

Also, try and get a permie to raise formal complaint instead of you as they are more protected.

Use it as a learning experience. If you raise a complaint against another contractor one of you is going to go and you need to take a value judgement on the risk.

If the contract is unbearable and you are going to walk anyway, then it's worth taking. If not bear in mind it's probably a coin flip unless you have a water tight case against them.

I know it's frustrating, but don't let it get you down. Sounds like the other guy was a bit of a knob, so you are probably better off out of there.

Good luck finding your next gig!

**kingcook** · 10 February 2012, 17:43

You need this:

Hitman for Hire - Contract Killings at Prices You Can Afford

**SimonMac** · 10 February 2012, 17:51

Long story short two contractors bickering, ClientCo gets rid of the one that kicks up a fuss

**northernladuk** · 10 February 2012, 18:18

Originally posted by SimonMac View Post

Long story short two contractors bickering, ClientCo gets rid of the one that kicks up a fuss

Very nicely put.

**TheFaQQer** · 10 February 2012, 18:31

Of course, the court case of KittyCat vs The World, February 21st 2012, Hampshire may turn all this on it's head.

contractor rights