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Instant dismissal
Comments
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Hi Grey_lady
Thank you very much for your reply. You are absolutely right, the Agency is the one I should direct my grievances to, since I have a contract with them, not the client of the agency, so to speak. So, sue them I shall! :mad:
BTW, the agency are really smooth operators. They presented everything as if it was coming from the end client, whilst in reality, I should not discuss the matter with the client, since my contract is with the agency! so, Mr. Agency, you better watch out, here I come!!!:p
Good luck..Not Again0 -
So not in HR or a lawyer - but know the IT market - and I think you will have to get used to this - if you are a contractor who seems to think you have employment rights you will end up in lots of trouble.
you are quite right to deal with it as a business, but you present an undertone of "dismissed" that is wrong the contract was "terminated", and now you need to seek redress for that contractual wrong, not for an employment wrongI think I saw you in an ice cream parlour
Drinking milk shakes, cold and long
Smiling and waving and looking so fine0 -
So not in HR or a lawyer - but know the IT market - and I think you will have to get used to this - if you are a contractor who seems to think you have employment rights you will end up in lots of trouble.
you are quite right to deal with it as a business, but you present an undertone of "dismissed" that is wrong the contract was "terminated", and now you need to seek redress for that contractual wrong, not for an employment wrong
I work in the IT contract market & had to threaten to sue the agency because they failed to pay my final 4 weeks .... it did the trick.
Do you any form of company insurance - public liability, etc ... maybe they have a solicitor that can help ... if not I suggest that you send the agency a letter (recorded delivery) giving 7 days to pay you or see them in court. Forget email, etc, just use the post. State you need to see what the client said about you .... & demand the money back ... including all expenses .... include copy of contract highlighting section about notice ...
It is important you find out why they got rid of you - what are the reasons ... once you have that, then you should be able to progress further.
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
I am a contractor and 'have' a contract paying a daily rate with a fixed start and finish date (starting 02/11/2009 - finish 02/02/2010)
My contractually required minimum working hours are 40 hours per week.
During the last week in November (4th week of contract) I was informed (verbally) that I would have to take or make (not sure) 9,5 'unbillable days, effectively turning my 40 hour working week in a 24 hour working week.
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MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
So not in HR or a lawyer - but know the IT market - and I think you will have to get used to this - if you are a contractor who seems to think you have employment rights you will end up in lots of trouble.
you are quite right to deal with it as a business, but you present an undertone of "dismissed" that is wrong the contract was "terminated", and now you need to seek redress for that contractual wrong, not for an employment wrong
Hi Mark88man,
Thanks for that point and of course you are right. I was not dismissed, but the contract got terminated. However, it specifically states that either side has to give 4 weeks notice to the other when the contract has been terminated. The Agency stated that the client (with whom I do not have a contract) will not entertain payment in Lieu. However, maybe I should translate that as 'the agency' since my contract is with them. So, I'll go after them. I try not to get into the HR and employment sections, but try to approach this from a 'contractual agreement' point of view. As such, I should be paid.
Thanks Mark88man0 -
Did you agree to having your hours cut ... so you worked 40 hours, but they paid for 24? I wouldn't have done that ... that is breaking your contract ... could it be that you started working 24 hours a week & that is the reason why they got rid of you? I wouldn't have accepted the £100 .... all your expenses should go through your company or use a client expense form ... I guess you had nothing in writing about the cut in hours ...
Mark
Hi isplumm
Thanks, but yes, al be it reluctantly, 'cause I did not take the contract on in order to work 24 hours a week. There were no 'if you don't you will have to agree' statements, but there was pretty heavy pressure to co-operate on the basis that 'we all have to accept that, and therefore accept you to do the same' I did not do 40 hours and only got paid for 24, I was being co-operative, not entirely stupid, although I sometimes wonder . . . . However, I did do a few more than 24 (yup, that's being stupid I suppose, but isn't that expected from a 'professional??' I would certainly never cut my hours to 24 per week on my own accord, besides I have copy e-mails, in which they asked me and confirmed that 'we' (the client and myself) agreed that the following days would be 'non-billable days' followed by the dates agreed. That has not something I argue. The issue is purely around the 4 weeks notice that either party contractually has to give, whether there should be a reason or not is neither here nor there. So, all I want is my expenses plus my 4 weeks notice. since I did not work them, or since I was stopped from working them, I feel I can demand payment, so I will follow fellow caggers advice and send the agency a register letter demanding those 4 weeks to be paid in lieu of notice together with my expenses and I will give them 7 days to do so.
Thanks!!0 -
Hi isplumm
Thanks, but yes, al be it reluctantly, 'cause I did not take the contract on in order to work 24 hours a week. There were no 'if you don't you will have to agree' statements, but there was pretty heavy pressure to co-operate on the basis that 'we all have to accept that, and therefore accept you to do the same' I did not do 40 hours and only got paid for 24, I was being co-operative, not entirely stupid, although I sometimes wonder . . . . However, I did do a few more than 24 (yup, that's being stupid I suppose, but isn't that expected from a 'professional??' I would certainly never cut my hours to 24 per week on my own accord, besides I have copy e-mails, in which they asked me and confirmed that 'we' (the client and myself) agreed that the following days would be 'non-billable days' followed by the dates agreed. That has not something I argue. The issue is purely around the 4 weeks notice that either party contractually has to give, whether there should be a reason or not is neither here nor there. So, all I want is my expenses plus my 4 weeks notice. since I did not work them, or since I was stopped from working them, I feel I can demand payment, so I will follow fellow caggers advice and send the agency a register letter demanding those 4 weeks to be paid in lieu of notice together with my expenses and I will give them 7 days to do so.
Thanks!!
Do you belong to the professional contractors association - might be worth calling them.
I believe that your only action is to send the agency a "notice before action" letter - keep it simple. State that you want your 4 weeks notice ...don't mention the reduced working week. I assume that you are on a daily rate, so show your daily rate & multiple by 20 (4 weeks work), then detail the expenses + total. Include your copies of receipts for expenses - plus section from contract about notice.
Send recorded (signed for) - give them 7 days to respond ... then goto small claims ...
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
Anihilator wrote: »Its also worth stating in the first year you can be dismissed at any time for no reason.
The fact you are holding onto equipment etc also prejudices there view as they can easily claim any withheld wages are lien for the items you havent returned.
Tbh your entitled to your outstanding wages and expenses. Return the equipment and demand these. If they are not forthcoming sue them for it.
They dont need to give you reasons etc so you are wasting your time.
Not strictly true - see below the exceptions, however, if the OP is self employed, the 1 year ruling is irrelevant in any case.
Exceptions to the 1 year continuous employment are where the dismissal is for one of the following reasons:
1. Trade Union activities, carried out at an appropriate time. This is usually out of work hours or during work with the employer's permission. (This does not include strikes or working to rule, which are breaches of your contract).
2. Belonging to a trade union.
3. Refusing to join a trade union.
4. Where selection for redundancy was connected with a trade union issue.
5. Where dismissal is linked with pregnancy and maternity rights.
6. Shop or betting industry workers who object to working on Sundays.
7. Where an employee is dismissed due to Sex, Race, Age or Disability discrimination. An employee should bring a claim for discrimination, not Unfair Dismissal. If successful they are likely to receive more compensation.
8. Dismissal relating to an employee asserting their rights under employment laws.
9. Dismissal of an employee observing health & safety rules.
10. Where an employee is dismissed for acting as an employee representative or person was a candidate to become an employee representative.
11. Dismissal relating to an employee asserting their rights under the Employment Relations Act 1999, section 10, the right to be accompanied to a disciplinary or grievance hearing.
12. Dismissal related to an employee acting as a pension scheme trustee.
13. Dismissal relating to the Working Time Regulations.
14. Dismissal relating to an employee asserting their rights under the National Minimum Wage Act 1998.
15. Dismissal relating to an employee participating in protected industrial action.
16. Dismissal relating to an employee asserting their rights under the Tax Credits Act 1999.
17. Dismissal relating to an employee asserting their rights under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
18. The selection of an employee for redundancy based upon a reason which would have been automatically unfair if the same reason was used to dismiss the worker.0 -
Not strictly true - see below the exceptions, however, if the OP is self employed, the 1 year ruling is irrelevant in any case.
Exceptions to the 1 year continuous employment are where the dismissal is for one of the following reasons:
1. Trade Union activities, carried out at an appropriate time. This is usually out of work hours or during work with the employer's permission. (This does not include strikes or working to rule, which are breaches of your contract).
2. Belonging to a trade union.
3. Refusing to join a trade union.
4. Where selection for redundancy was connected with a trade union issue.
5. Where dismissal is linked with pregnancy and maternity rights.
6. Shop or betting industry workers who object to working on Sundays.
7. Where an employee is dismissed due to Sex, Race, Age or Disability discrimination. An employee should bring a claim for discrimination, not Unfair Dismissal. If successful they are likely to receive more compensation.
8. Dismissal relating to an employee asserting their rights under employment laws.
9. Dismissal of an employee observing health & safety rules.
10. Where an employee is dismissed for acting as an employee representative or person was a candidate to become an employee representative.
11. Dismissal relating to an employee asserting their rights under the Employment Relations Act 1999, section 10, the right to be accompanied to a disciplinary or grievance hearing.
12. Dismissal related to an employee acting as a pension scheme trustee.
13. Dismissal relating to the Working Time Regulations.
14. Dismissal relating to an employee asserting their rights under the National Minimum Wage Act 1998.
15. Dismissal relating to an employee participating in protected industrial action.
16. Dismissal relating to an employee asserting their rights under the Tax Credits Act 1999.
17. Dismissal relating to an employee asserting their rights under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
18. The selection of an employee for redundancy based upon a reason which would have been automatically unfair if the same reason was used to dismiss the worker.
The OP is self employed via their own limited company - so the only thing they are entitled to si their notice & expenses .... I'm afraid they need to sue!!
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
Another point that may or may not be relevant is that when you work for an agency, the contract is usually a 'Contract Of Service' which is not the same as a 'Contract of Employment' although I accept that a contract is a contract and if both parties have signed to abide by that contract, it should be honoured.0
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