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Long term contract with no PO

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    Long term contract with no PO

    Hi all, I am a contractor who has been working for a large establishment for over 8 years to undertake weekly servicing of systems. Since 2006 I have never received a purchase order but when invoiced (quarterly) they always pay on time with no issues, I have been loyal to them and only take one week off for holidays per year (unpaid).
    The problem is that I have found out from one of their employees that they are considering ceasing to employ me due to financial cuts. So I was wondering if I had any legal rights?

    #2
    No. You have no rights. Does Orange have any rights if you decide to not use your mobile phone any more?
    Down with racism. Long live miscegenation!

    Comment


      #3
      Originally posted by jasp View Post
      Hi all, I am a contractor who has been working for a large establishment for over 8 years to undertake weekly servicing of systems. Since 2006 I have never received a purchase order but when invoiced (quarterly) they always pay on time with no issues, I have been loyal to them and only take one week off for holidays per year (unpaid).
      The problem is that I have found out from one of their employees that they are considering ceasing to employ me due to financial cuts. So I was wondering if I had any legal rights?
      They've never employed you, therefore no, probably not.
      ǝןqqıʍ

      Comment


        #4
        Ive no sympathy for any contractor in the OP's position.

        They want it both ways ie contracting rate of pay and employment rights. Well, no, it doesnt happen unless you're going to spend a large portion of those 8 year contracting income and fight a claim for employee rights.
        I couldn't give two fornicators! Yes, really!

        Comment


          #5
          I think someone has been there too long and is forgetting what he is. Although there isn't much detail what there is sounds to me like the OP is in exactly the same situation as two fairly high profile cases.

          First off is the JLJ case where he started off a contractor and then became part and parcel of the client so partially lost his case which cost him alot!!
          IT contractor JLJ in first ever 'split IR35 case' :: Contractor UK

          The other is Hewlett Packard Ltd v O'Murphy [2002] IRLR 4 EAT where the contractor tried to claim unfair dismissal.
          Individual contractors left out in the cold

          IMO for all intensive purposes you are employed and if you haven't been paying the right taxes then you should be hung out to dry for it. Clear case of MoO, D&C, part and parcel etc. Even the damn contractor thinks he is employed fer christ sakes.

          P.s It ******* ticks me right off when a contractor has his cake for 8 years and then starts crying about his legal rights. HMRC should come in and nail his ass to the wall IMO.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            OP, could you PM me your email address and linkedin URL and I can give you more specifics on both cases
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by northernladuk View Post
              I think someone has been there too long and is forgetting what he is. Although there isn't much detail what there is sounds to me like the OP is in exactly the same situation as two fairly high profile cases.

              First off is the JLJ case where he started off a contractor and then became part and parcel of the client so partially lost his case which cost him alot!!
              IT contractor JLJ in first ever 'split IR35 case' :: Contractor UK

              The other is Hewlett Packard Ltd v O'Murphy [2002] IRLR 4 EAT where the contractor tried to claim unfair dismissal.
              Individual contractors left out in the cold

              IMO for all intensive purposes you are employed and if you haven't been paying the right taxes then you should be hung out to dry for it. Clear case of MoO, D&C, part and parcel etc. Even the damn contractor thinks he is employed fer christ sakes.

              P.s It ******* ticks me right off when a contractor has his cake for 8 years and then starts crying about his legal rights. HMRC should come in and nail his ass to the wall IMO.
              Of course it's important for the OP to bear in mind the different burdens of proof in those cases, and that winning one doesn't automatically mean losing the other.

              It's probably best for him to take you up on your generous offer and send you his email and linked in details so you can provide the information.
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              Comment


                #8
                Originally posted by northernladuk View Post
                OP, could you PM me your email address and linkedin URL and I can give you more specifics on both cases
                Too much of a hasle, better to create new sockie, this one's cover is blown already.

                Comment


                  #9
                  Originally posted by northernladuk View Post
                  I think someone has been there too long and is forgetting what he is. Although there isn't much detail what there is sounds to me like the OP is in exactly the same situation as two fairly high profile cases.

                  First off is the JLJ case where he started off a contractor and then became part and parcel of the client so partially lost his case which cost him alot!!
                  IT contractor JLJ in first ever 'split IR35 case' :: Contractor UK

                  The other is Hewlett Packard Ltd v O'Murphy [2002] IRLR 4 EAT where the contractor tried to claim unfair dismissal.
                  Individual contractors left out in the cold

                  IMO for all intensive purposes you are employed and if you haven't been paying the right taxes then you should be hung out to dry for it. Clear case of MoO, D&C, part and parcel etc. Even the damn contractor thinks he is employed fer christ sakes.

                  P.s It ******* ticks me right off when a contractor has his cake for 8 years and then starts crying about his legal rights. HMRC should come in and nail his ass to the wall IMO.
                  Really? Grammar

                  Comment


                    #10
                    Originally posted by Project Monkey View Post
                    Really? Grammar
                    My purposes are generally non-intensive, esp. on a Friday.

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