Eaglecliff & Shell - Mandatory 3 week holiday

[Old Greg]

I don't think this thread is going anywhere I want to follow now. I am going to sign off on this thread.

I have enough to feel morally superior to Shell and Eaglecliff. I don't know if I will win in Court, or if this will even go to Court, but....

I thank you all for your comments, particularly to the poster who provided the link to the article.

I have another question that I will post soon. For me, this question is the mother of all contractor questions. Stay tuned.

Pole choker.

[northernladuk]

I have enough to feel morally superior to Shell and Eaglecliff. .

Bearing in mind one holds the money and the other the contract I'm not sure what you have is really a good thing.

[cojak]

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

Then I would advise that you find a solicitor’s forum and ask them.

Thread closed.

[NotAllThere]

Then I would advise that you find a solicitor’s forum and ask them.

Thread closed.

On request of the OP and following discussion by the mods, thread re-opened.

[mcltd]

an important update

Shell approved the hours for the remainder of December.

Eaglecliff's accounts department confirmed this morning that they see the approved hours.

I ran in to a Director at a Big 4 Accountancy. He is also a Legal Director specialising in commercial contracts.

As I have said several times on this thread, he agreed with me that although these things always boil down to the specifics in the contracts, a contract which specifies a fixed term requires the client to pay for the entire term.

He also said, however, that for contracts negotiated on an agile basis, he has seen clients spread out the period between sprints. In that scenario, the client may not pay the ltd co for downtime in between sprints.

Thank you for reopening the thread. I wanted to make sure to clarify that Shell and Eaglecliff may not be insisting on the holiday. This issue could instead be about a manager who claims to represent Shell and Eaglecliff's positions. (I only realised this possibility today).

I thought it strange that there have been no emails from Shell's HR about this mandatory holiday. Usually, a company would tell people months in advance.

[northernladuk]

He said that these things always boil down to the specifics in the contracts, but that a contract which specifies a fixed term requires the client to pay for the entire term.

All which is exactly what we told you.

Did he point out it is likely to fail an IR35 check and the contract and working practices will be inside. A point you've time and time again ignored. You can't have your cake and eat it.
.

I thought it strange that there have been no emails from Shell's HR about this mandatory holiday. Usually, a company would tell people months in advance.

Why should it come from Shells HR. You aren't employed by them so why would they be emailing you? Best not to call them holidays either as they aren't.

[WTFH]

He said that these things always boil down to the specifics in the contracts, but that a contract which specifies a fixed term requires the client to pay for the entire term.

So are you invoicing your client for days when your employees aren't working, or are you leaving out the days when they are off?
...or do you not allow your employees to take Christmas day off?

[mcltd]

passive aggressive

So are you invoicing your client for days when your employees aren't working, or are you leaving out the days when they are off?
...or do you not allow your employees to take Christmas day off?

I don't think your questions reflect either anything I have said, or relate to the issue I raised about the client cancelling days listed as billable per the contract. I think they are passive aggressive so I won't respond to them.

[mcltd]

moderator response to my request to reopen this thread

Why? To continue to harangue the regulars with your Holier Than Thou attitude?

I see that [X] has reopened your thread, but behave yourself or I will lock it again AND ban you from this forum.

[NotAllThere]

All which is exactly what we told you.

Did he point out it is likely to fail an IR35 check and the contract and working practices will be inside. A point you've time and time again ignored. You can't have your cake and eat it.
.

Why should it come from Shells HR. You aren't employed by them so why would they be emailing you? Best not to call them holidays either as they aren't.

It seems to me that he is the boss of a ltdco, sending one or more of his employees to Shell. IR35 is unlikely to be an issue in that case. The relationship between the supplier and the client in this case is not, it seems, one of the standard contracting ones, hence it is not surprising that a different result was obtained.

I did ask the OP to make it clear what the situation was, but he has failed to do so. Instead he just wanted to grandstand - "see, me right, you wrong", gets annoyed and refuses to answer perfectly legitimate questions.