What right do I have as a contractor? What right do I have as a contractor?
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  1. #1

    Nervous Newbie

    wosikas is too good to be a permie


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    Default What right do I have as a contractor?

    Hi guys,

    on the 21st October I was offered a contract extension via email ()and phone) by my manager and a senior manging in purchasing for the company I work at. One month later i was told that my contract would not be renewed when the contract ends this year. This of course has put me in a difficut position. Do I have any legal righjts in this situation. Can I ask them to to fulfil the contract or ask for monies lost due to impact in finding a job. Any help on this would be very much appreciated.

    Regards.

    Stuart.

  2. #2

    Prof Cunning @ Oxford Uni

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    Did you reply by email to accept the extension at the time it was offered?
    What is the notice period on your contract?
    Are you direct with the client or through an agent?
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    Double Godlike!

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    Quote Originally Posted by wosikas View Post
    Hi guys,

    on the 21st October I was offered a contract extension via email ()and phone) by my manager and a senior manging in purchasing for the company I work at. One month later i was told that my contract would not be renewed when the contract ends this year. This of course has put me in a difficut position. Do I have any legal righjts in this situation. Can I ask them to to fulfil the contract or ask for monies lost due to impact in finding a job. Any help on this would be very much appreciated.

    Regards.

    Stuart.
    Oops.

    As previously said, did you accept in reply to the email?

    Are you a member of IPSE? Business interruption is about all you could claim - they could give you the contract and serve notice and advise you not to come in as there is no work for you. Suck it up and move on - you can invoice for what you can prove you're owed, the proof generally being in the form of signed timesheets.
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  4. #4

    I Am Legend

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    Even if they have to go you notice, they are under no obligation to provide you with any work.

    Why has it put you in a difficult position? As a business, this is expected.

  5. #5

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    Default No

    Quote Originally Posted by wosikas View Post
    Hi guys,

    on the 21st October I was offered a contract extension via email ()and phone) by my manager and a senior manging in purchasing for the company I work at. One month later i was told that my contract would not be renewed when the contract ends this year. This of course has put me in a difficut position. Do I have any legal righjts in this situation. Can I ask them to to fulfil the contract or ask for monies lost due to impact in finding a job. Any help on this would be very much appreciated.

    Regards.

    Stuart.
    None what-so-ever unless you are pregnant by the manager or the sen Manager

  6. #6

    Dirty spekulant

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    Quote Originally Posted by BrilloPad View Post
    Even if they have to go you notice, they are under no obligation to provide you with any work.

    Why has it put you in a difficult position? As a business, this is expected.
    This.

    Do you consider yourself outside IR35? This is what being outside IR35 is all about. Work your notice if you have any, stay professional, deliver your deliverables then move on.
    Because feelings...

  7. #7

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    Was the renewal offered in October intended to go beyond the end of the year and if so how far into 2018?

    Maybe they've changed their plans for next year so have no need for you. Best you can do is discuss with them why they think they don't need you and see if they're missing anything that you can try to convince them otherwise.

    Even if they offered you a contract until the end of 2018 it's only worth the notice period, and even then they have no obligation to pay you during the notice period if they have no work for you. It's all about the timesheets. You can only charge for time spent working, unless you have some fancy and unusual clauses in your contract, or aren't a typical contractor resource brought in as an individual.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

  8. #8

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    Quote Originally Posted by wosikas View Post
    Hi guys,

    on the 21st October I was offered a contract extension via email ()and phone) by my manager and a senior manging in purchasing for the company I work at. One month later i was told that my contract would not be renewed when the contract ends this year. This of course has put me in a difficut position. Do I have any legal righjts in this situation. Can I ask them to to fulfil the contract or ask for monies lost due to impact in finding a job. Any help on this would be very much appreciated.

    Regards.

    Stuart.
    This is why we/you (hopefully) get paid the big bucks - you have to learn to live by the seat of your pants and use a war chest as a means of cushioning any big blows or bench time that come along.

    As time goes by, and especially with the now changing IR35 landscape casting a shadow over everything, having no mutuality of obligation and little, if any, notice period are things that I personally look for in a contract, rather than long notice periods and anything that suggests i'm more akin to an employee.

    Hopefully this is only just an inconvenience rather than a real challenge. Suck it up and move on soldier.

  9. #9

    Fingers like lightning

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    Honestly amazed this has received such reasonable responses in General.. Usually stuff like this is best put in Business.

    Sorry for to hear of your issue OP but unfortunately this is the nature of the business we are in; If you want security of work and to know exactly how much you'll earn day to day and month to month without any unexpected interruptions, go perm.

    The best you can do is sit down with your client and ask them why they don't wish to extend your services - have their business needs changed? Has a project been canned? Did you do something wrong? Try and get to the bottom of it so you know for next time.

    Lastly, you could try and appeal to their better nature and explain why this puts you in a predicament, and ask that they keep you on for a couple of extra weeks whilst you're looking for work. If you have a good relationship and you appeal to their better nature, they may just do it - but i'd say that was a long shot.

    Good luck - it's a crapshoot out there at the moment. Everyone is expecting things to pick up in Jan though.

  10. #10

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    The client informed you in November you wouldn't be needed in January this is reasonable notice, your case for breach of contract would be very weak as a 1 month notice period in a contract is quite normal.
    I'm alright Jack

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