Breach of contract? Urgent advice needed
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  1. #11

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    I think you need to understand what PI and El insurance is for and go get IPSE+ membership and understand what comes with that. You could have claimed on that.
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    Quote Originally Posted by bobspud View Post
    Hi, the first thing to sort out is the fact that if you are in a head of position then you are caught inside IR35 by an amendment a few years back. However, if you are now no longer managing people you may not be in that position and need a new contract.

    Second point where did the other chap come from? does he actually have the authority to make the change? Personally if you are the head of the department it should be possible for you to find something real tulip for them to waist a year of their lives not accomplishing...
    Absolutely this.

  3. #13

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    Quote Originally Posted by bobspud View Post
    Hi, the first thing to sort out is the fact that if you are in a head of position then you are caught inside IR35 by an amendment a few years back. However, if you are now no longer managing people you may not be in that position and need a new contract.

    Second point where did the other chap come from? does he actually have the authority to make the change? Personally if you are the head of the department it should be possible for you to find something real tulip for them to waist a year of their lives not accomplishing...
    Oddly loads of people in the PS particularly the NHS are also not aware of this.

    In short as a contractor you don't want to be a manager of people.
    "You’re just a bad memory who doesn’t know when to go away" JR

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    Quote Originally Posted by psychocandy View Post
    If it was a rate cut too I'd be out of there.
    If it was a decent rate for a more junior position then Id stay and look for something else.
    No you wouldn't. You'd post repeatedly on here about how all clients take the piss and treat contractors badly, how exploited we all are because all clients do this. And then you'd stay there until the client bins you off at the end of the contract.

    The only surprise in this is that NLUK hasn't already posted something similar to me yet
    First they ignore you, then they laugh at you, then they fight you, then you win. But Gandhi never had to deal with HMRC

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    Quote Originally Posted by RonBW View Post
    No you wouldn't. You'd post repeatedly on here about how all clients take the piss and treat contractors badly, how exploited we all are because all clients do this. And then you'd stay there until the client bins you off at the end of the contract.

    The only surprise in this is that NLUK hasn't already posted something similar to me yet
    I wouldn't have put it quite as succinctly as that

    Trying not to post too much today. Got a grump on.
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    Quote Originally Posted by northernladuk View Post
    I wouldn't have put it quite as succinctly as that

    Trying not to post too much today. Got a grump on.
    Just the 500 posts today then

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    Sounds like a tulip show waiting to happen (which admittedly can often be good for contractors!)

    How it happened is irrelevant now. Sounds like the employee has moaned to the Director "I can do that role, it shouldn't be done by a contractor" or whatever, and the Director has agreed.

    It hasn't been very professionally handled, but it is what it is, there is nothing you can do.

    You either accept, or are terminated. You are a business now, not an employee.

    How you handle it now is up to you. Try and kick up a stink, and they will terminate your contract.

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    Quote Originally Posted by northernladuk View Post
    I wouldn't have put it quite as succinctly as that

    Trying not to post too much today. Got a grump on.
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    Quote Originally Posted by SueEllen View Post
    Oddly loads of people in the PS particularly the NHS are also not aware of this.

    In short as a contractor you don't want to be a manager of people.
    It's a good point but 'head of' doesn't necessarily mean 'manger of people'.

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    Jump! Jump!

    You're not going to win here - so best to calmly make your exit on your terms.

    "It appears there has been some confusion surrounding what I've been hired to do, and at what level. I recommend that you seek a contractor better suited to your requirements."

    No need to be nasty or pissy - but, at the end of the day, the role is not what was sold AND (Crucially, because the first bit is often workable) you're now embroiled in some pretty horrendous politics. Get out, get out now before you're stitched up.

    I'm in a role where it turns out I'm technically junior to someone, but a) I negotiated an above market rate and b) On the first day the senior chap said "Really glad to get someone so experienced - I'd like you to look at $x as you seem to have a lot of knowledge there and I'm a bit stuck". Instant good signs.
    Last edited by vwdan; 1st March 2017 at 11:56.

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