Originally posted by sbakoola
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Can a contractor sue the end client for not providing the work promised ?
Collapse
X
-
Down with racism. Long live miscegenation! -
Comment
-
Originally posted by sbakoola View PostMy WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.
2. Have you seen the contract between the end-client and agency? Are you sure it mimics yours? If not the end-client is within their rights of terminating you because you are not fulfilling the services they want for you.
In short it's up to you to ask the right questions, check the contract thoroughly and make sure it agrees with what services you provide."You’re just a bad memory who doesn’t know when to go away" JRComment
-
Originally posted by sbakoola View PostMy WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.
BooHoo baawhaahaawa!
OK.
1. It would have been apparent to you after a few days at the most that the client had broken its agreement with you to give you C# work, yet you continued to work for them for a further 5 months. I think any court would consider this as you offering consent to an implicit change in the contract to reflect the actual work done.
Had you not accepted this you would have quit the contract there and then.
2. As someone else said, your contract is with the agent, so you'd need to sue them not the end client.
3. Have a look at the small print of the contract. I bet it has something saying you have to do other work as defined by the client. Yes this would be IR35 unfriendly, but there is a good chance it is there.
4. To claim damages you have to prove you suffered a financial loss as a result of them breaking their terms. What was this loss? - they paid you after all.Comment
-
Originally posted by sbakoola View PostMy WRITTEN and signed contract clearly states "C# Developer" at the top yet it turns out 6+ months into a contract there has been 5% C# .Net development, the majority seems to be VBA and VB6 work which we've been reluctantly made to do.
One other contractor complained about this broken promise of C# .Net work and was promptly marched out of the building on the very same day he voiced his protest.
I was wondering is there any scope to sue the end client for misleading me into this role given it may well have an impact on my future employment getting de-skilled etc. I know you guys will say "serves you right for sticking in the role" but it was the sort of old school environment where questioning something gets you kicked out immediately (exactly what occurred to the other guy).
thanks for any advice, (even if its "you aint got a chance in hell at suing for loss of future potential earnings !)
In other words, walk or learn to live with it.And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014Comment
-
It used to pee me off, applying for C# roles and ending maintaining Excel spreadsheets. I sympathise.
But dont fight fire with fire, scabbers old boy, fight it with water.
I started to apply for jobs doing excel vba, figuring that I would end up doing C#.
Well, that didnt work out too well. I 'll tell you one thing though, I'm a fckng whizzz at Excel now
(\__/)
(>'.'<)
("")("") Born to Drink. Forced to WorkComment
-
Originally posted by EternalOptimist View PostIt used to pee me off, applying for C# roles and ending maintaining Excel spreadsheets. I sympathise.
But dont fight fire with fire, scabbers old boy, fight it with water.
I started to apply for jobs doing excel vba, figuring that I would end up doing C#.
Well, that didnt work out too well. I 'll tell you one thing though, I'm a fckng whizzz at Excel now
And what exactly is wrong with an "ad hominem" argument? Dodgy Agent, 16-5-2014Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment