Contract Terminated

**CheeseSlice** · 20 May 2014, 20:31

What does your contract say they can do?

**MPwannadecentincome** · 20 May 2014, 20:38

why did you have to inform HR? You are not an employee?

**SueEllen** · 20 May 2014, 20:47

Unless your condition means you are unconscious being signed off doesn't mean you can't work from home.

**northernladuk** · 20 May 2014, 20:48

Well the definition of a Temp Agency Worker is defined as...

emporary agency worker

A PAYE temporary worker whether employed by the supplying agency under a contract of employment or engaged as a worker under a contract for services
A PAYE temporary worker supplied via an umbrella limited company either directly or through an agency
A worker who is genuinely in business on their own account, (i.e. a genuinely self employed one person limited company contractor) is outside the scope of the regulations

Note 3 kinda blows it all out of the water.

**Brigodoon** · 20 May 2014, 20:49

Thanks for your response 'cheese slice'...
Good question.. I'll have to check the actual wording, but i believe it states 1weeks notice by either party, but the point is - as i mentioned to the doc "l imagine i would be sacked for taking time off" he said "that would be unlikely, as you are under medical supervision" (i.e. under doctors line/medication).

**northernladuk** · 20 May 2014, 20:52

And straight from the horses mouth

Those who are likely to be outside the scope of the Regulations include;
•
individuals who find work through a temporary work agency but are in business on their own account (where they have a business to business relationship with the hirer who is a client or customer)
•
individuals working on Managed Service Contracts where the worker does not work under the direction and supervision of the host organisation
•
individuals working for in-house temporary staffing banks where a company employs its temporary workers directly (and they only work for that same business or service)
•
individuals who find direct employment with an employer through an “employment agency”
•
individuals on secondment or loan from one organisation to another – this is usually where the main activity of the organisation seconding the individual is not the supply of individuals to work temporarily under the supervision and direction of another party

http://www.bis.gov.uk/assets/biscore...s-guidance.pdf

**MPwannadecentincome** · 20 May 2014, 20:53

Originally posted by Brigodoon View Post

Thanks for your response 'cheese slice'...
Good question.. I'll have to check the actual wording, but i believe it states 1weeks notice by either party, but the point is - as i mentioned to the doc "l imagine i would be sacked for taking time off" he said "that would be unlikely, as you are under medical supervision" (i.e. under doctors line/medication).

Only employees can be sacked. Are you an employee?

**northernladuk** · 20 May 2014, 20:53

How can you be sacked when you are not an employee? You have completely missed the whole concept of being a contractor and I am willing to bet you are so far inside IR35 it hurts...

**SueEllen** · 20 May 2014, 20:54

Originally posted by Brigodoon View Post

Thanks for your response 'cheese slice'...
Good question.. I'll have to check the actual wording, but i believe it states 1weeks notice by either party, but the point is - as i mentioned to the doc "l imagine i would be sacked for taking time off" he said "that would be unlikely, as you are under medical supervision" (i.e. under doctors line/medication).

You haven't been sacked unless you sacked yourself.

Your company's services have been terminated. There is a difference.

As others have indicated instead of going in to HR and saying the doctor has signed me off for 2 weeks you are better of going to the person in the client who facilitates your work load, and seeing if you can work at home. You could have done something like 7 days working at home and 3 days not working.

Obviously the trick is to see if this way of working is viable before you need to do it.

If it isn't then you should have not said you were signed off for 2 weeks but left it vague i.e. you are sick and phone in everyday.

Contract Terminated