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wrong advertised contract

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    wrong advertised contract

    I have just started a contract for an IT security position. As security is a very wide area I am now working in a complete different role then I have been in the past. Maybe 5% of the work I have been doing in the past and I have been assigned to many project which fall into apps & infrastructure.

    It seems that the company was not able to find anyone with this role and they sold me the job spec completely different as it actually is.
    As they have noticed that I am not very happy and my concerns have been overlooked, my agent asked me if I want to resign and so did my manager.
    What consequences could a company get for employing the wrong person for a role and then trying to get remove the contractor?

    #2
    None of course, contractors are suppliers, not employees, if you're not happy with a supplier and the contract was written by someone with at least one working braincell then it's terminated.

    If they want to get rid of you they can do, even if it means they fabricate a gross misconduct claim to get rid you've no come back.

    There's no false advertising, you weren't sold anything, you are the product being sold.

    Comment


      #3
      Wasn't one of the benefits of contracting the flexibility around which gigs to take, which not to and the ability to exit them when they've turned bad?

      I'd say they've listened to your concerns and asked if you want to leave surely? Please drop the permie speak around managers and resigning etc as well. You are a supplier on a clients site. There are better words to use if you fully understand your engagement model.

      You've two choices, stay or leave. Which you pick is up to you.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Could be a few scenarios here:

        They've took a security guy on who they hoped could figure it out - can you?
        They've took a security guy for a name in the frame scenario until they find someone better and bin you off
        You'll get bored or frustrated and leave.
        You'll figure it out, add it to your CV and move on once the project is complete.

        If you don't like the gig, make agencies (apart from your current one) know directly that you're back on the market and get something else sorted out. It's a bad one but you've got to suck it up and get on with it; as a perm, you could have a chat with your line manager and get some training sorted out.

        As a business owner, have a chat with your hiring manager and be honest about your concerns.
        The greatest trick the devil ever pulled was convincing the world that he didn't exist

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          #5
          If the agency haven't advertised the role correctly, and you're an IPSE member - have a look at the business interruption insurance that you will have, which covers members where the advert / contract doesn't match the role.

          If you aren't a member, you can find out more about what IPSE does here and join up here.
          Best Forum Advisor 2014
          Work in the public sector? You can read my FAQ here
          Click here to get 15% off your first year's IPSE membership

          Comment


            #6
            Inside IR35, unhappy, resign/manager - sounds like you'd be better off as a permie.

            Take their offer to leave on good terms, and look for something that isn't going to make you miserable.

            Comment


              #7
              thanks for the advise .....
              Last edited by neddorsey; 19 May 2016, 15:25.

              Comment


                #8
                Originally posted by neddorsey View Post
                thanks for the advise .....

                first time for me to "take the money and run"
                Sounds like you had the opportunity to extend your skill set to me...
                The Chunt of Chunts.

                Comment


                  #9
                  Originally posted by MrMarkyMark View Post
                  Sounds like you had the opportunity to extend your skill set to me...
                  Indeed - could be a chat worth having. If the OP is inside IR35, training could be something worth looking at - get a training course, don't bill for the days and get to use it straight away. I'd consider an inside IR35 contract once every few years if I could guarantee getting in a course and skilling up as part of it.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

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