Eaglecliff & Shell - Mandatory 3 week holiday

[northernladuk]

You are rambling now. You should only comment on issues you understand.

I could post the legal advice I have received on this issue, but I won't. You are angry because you are wrong.

And I don't believe you. You'd know what a FTC is and what that pap about employees you posted wasn't correct.

You do realize you'll get canned before the 'holidays' even start if you go down this road don't you?

[mcltd]

contract basics

in case you have come to this thread and are confused by people like northern lad, here is a summary.

a contract that contains the following information does not automatically put your contractors within IR35:

• Start date and end date
• The rate by hour
• Hours to be worked per day
• Days to be worked every week,

a contract that contains the above requires your client to pay you for services rendered during the period.

should the client decide NOT to pay for days worked (or days willing to work by your contractor).

failure to pay the contractor is liable for legal action.

[TestMangler]

Everyone... everyone.. I think we can see what we've done wrong here. We've given our advice based on about, from the posters I see, about 200 years worth of contract...

But that's not what he wanted... So let's scrub everything and start again.



No they can't. It's breach so it's time to sue them. Good luck.

HTH

You just beat me to that there

Seems to be a theme on this forum. Some people just don't like facts.

[northernladuk]

in case you have come to this thread and are confused by people like northern lad, here is a summary.

a contract that contains the following information does not automatically put your contractors within IR35:

• Start date and end date
• The rate by hour
• Hours to be worked per day
• Days to be worked every week,

a contract that contains the above requires your client to pay you for services rendered during the period.

should the client decide NOT to pay for days worked (or days willing to work by your contractor).

failure to pay the contractor is liable for legal action.

Legal action will get you canned before the event in question even happened

FTFY

[mcltd]

And I don't believe you. You'd know what a FTC is and what that pap about employees you posted wasn't correct.

You do realize you'll get canned before the 'holidays' even start if you go down this road don't you?

You need to watch your mouth.

Just because I posted a question does not entitle you to answer it.

Go harass someone else.

Your input is neither requested nor valued.

You have anger issues.

I am not going to respond to you anymore. I don't think it helps anyone.

[jmo21]

You are so desperate to try to be right that you are making gross assumptions about what my contract actually says.

Just because I didn't outline every item in my contract does not mean it is not there.

Try asking questions, next time, as opposed to making assumptions


Hours, days and weeks specified

If the contractor has a contract that clearly states the:

Start date and end date
The rate by hour
Hours to be worked per day
Days to be worked every week,

Then it is likely that not only will the contractor be under the obligations to work for the periods specified, but also the client will have a corresponding contractual obligation to provide work for the contractor for the periods specified, and to pay the contractor for that work.

“Assuming the contractor makes him/herself available and willing to work by turning up at the client’s site every day,” continues Sinclair, “then the contractor is not in breach of contract, but if the client fails to provide work then the client is in breach of contract.”

Or, as Sinclair points out, if there is an agency in the loop, then it would be the agency that is in breach of contract as they have the contractual relationship with the contractor’s limited company or umbrella company, and therefore an implied obligation to make work available for the period – and to pay in any event.

Haha, I’m desperate to be right!!

Look, you got the following wrong:
Ir35
Gov website FTC being relevant

Multiple people disagreeing with you.

You even mentioned pop stars. Absolutely right there though. Same with footballers who have to have their whole contracts paid in full.

But that is *probably* not the type of contract you have, based on the types of contracts we contractors here have experience of (and yes, we haven’t seen your contract)

So the only way to find out for sure is to get advice. Speak to a lawyer, or maybe cheaper, QDOS or similar might give you an opinion.

Then you can come back and gloat and wave your cash about if you like.

Good luck!

[mcltd]

TestMangler's facts versus the law

You just beat me to that there

Seems to be a theme on this forum. Some people just don't like facts.

Why don't solicitors - who are actually trained in contract law- agree with you, then?

[northernladuk]

Just because I posted a question does not entitle you to answer it.
.

Should you not be asking if it's legal for me to answer it? As there is no specific contract allowing to do so must put me in breach so you can take legal action.

[northernladuk]

Then you can come back and ask if there is any room on the bench

FTFY

[jmo21]

Why don't solicitors - who are actually trained in contract law- agree with you, then?

If your contract does work like that, you have a solicitors agreement, then what was the point of asking us on here?

I still find it hard to believe based on your FTC stuff which is irrelevant to a b2b. I also doubt it says every day is billable. It will probably say normal working week is Mon-Fri, NOT every single day is billable, which is probably the issue.

Did your solicitor tell you that?