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New to Contracting (Contract finished due to org moving to Permanent Staff)

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    New to Contracting (Contract finished due to org moving to Permanent Staff)

    Hi All,

    My first post so "Hi" first off!

    I have recently started contracting and my first gig as a Ltd company has just gone south.

    I have been employed on a six month contract which started in April this year. I was informed two weeks ago that the org will be changing its stance on contractors and moving towards permanent staff. I was then informed verbally and by email on Thursday last that my 1 month termination period was in affect. It's now Monday and i'm sat next to the perm I have to train (effectively my replacement).

    So, i've heard a few things on this - some say that's just contracting, others saying it's not right. To be honest it feels wrong sitting here..

    I would imagine most of this comes down to my contract.. So this is what I have:-


    Notices: All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.

    Assignment duration or expected duration: The Assignment will start on 23rd April 2015 and will continue until either the completion of the Consultancy Services or 23rd October 2015
    Notice to terminate: 1 Month reciprocal (save where the engagement can be terminated without notice in accordance with the terms of the Agreement)
    How do we define this the project is still ongoing... Is this statement wide open for their interpretation?


    This just feels odd..


    Any advice would be greatly appreciated..

    D

    #2
    Originally posted by cookra View Post
    Hi All,

    My first post so "Hi" first off!

    I have recently started contracting and my first gig as a Ltd company has just gone south.

    I have been employed on a six month contract which started in April this year. I was informed two weeks ago that the org will be changing its stance on contractors and moving towards permanent staff. I was then informed verbally and by email on Thursday last that my 1 month termination period was in affect. It's now Monday and i'm sat next to the perm I have to train (effectively my replacement).

    So, i've heard a few things on this - some say that's just contracting, others saying it's not right. To be honest it feels wrong sitting here..

    I would imagine most of this comes down to my contract.. So this is what I have:-



    How do we define this the project is still ongoing... Is this statement wide open for their interpretation?


    This just feels odd..


    Any advice would be greatly appreciated..

    D
    Nothing wrong with it at all. You are on your month's notice as per the contract (which is good - many contractors don't get that).

    They've simply decided that they no longer require your services, it doesn't mean that the project has to end before you can go.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

    Comment


      #3
      contracts end early. Its the reality of what we do

      Comment


        #4
        Indeed, they've invoked a 1 month notice clause, are willing to pay you to see it out (far from a guaranteed thing that) and you've been asked to do a handover which is perfectly reasonable.

        You've no cause for complaint.

        Comment


          #5
          So what is your expectation of contracting? You have lots of rights and clients must pay you and give you work until the contract ends and everything is nice and easy? You've still got a permie mentality and you need to change that quickly. They fact you refer to being employed kinda backs that up.

          Try looking at it from the clients perspective. You've brought a temporary resource to fill a hole for a bit but things have changed. What would you do?

          Just be happy they are honouring your notice. Many places would just have told you not to come in tomorrow so you don't get another penny from them which they have the right to do. Effectively instant dismissal.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post
            Effectively instant dismissal.
            Now who thinks we are employed?

            Joking

            Comment


              #7
              Originally posted by cookra View Post
              Assignment duration or expected duration: The Assignment will start on 23rd April 2015 and will continue until either the completion of the Consultancy Services or 23rd October 2015
              Unless your contract defines Consultancy Services as the provision of a handover to a replacement, then you can pack up and go now - the services for which you contracted are complete.
              Best Forum Advisor 2014
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              Comment


                #8


                Thanks all, nothing bad will come of it for us - straight on to the next gig.. I guess I was a bit green when they sold me the 6month + extension I suppose, my question is, does this happen a great deal - mid contract?

                Comment


                  #9
                  Originally posted by cookra View Post
                  Hi All,

                  It's now Monday and i'm sat next to the perm I have to train (effectively my replacement).


                  D
                  Sounds like you are inside of IR35

                  Your employer is right to put your role via payroll

                  Comment


                    #10
                    Originally posted by cookra View Post
                    Thanks all, nothing bad will come of it for us - straight on to the next gig.. I guess I was a bit green when they sold me the 6month + extension I suppose, my question is, does this happen a great deal - mid contract?
                    It's not common, but far from unknown. The point of using contractors is flexibility, if the role changes, gets de-scoped or the whole project gets binned then it happens.

                    Comment

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