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Possible Misrepresentation ?

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    Possible Misrepresentation ?

    So I was offered a 3 months contract, for the role of "2nd line tech bar" I was advised this was a tech bar role.
    When I started the role within the first week the manager said to me "This isn't a techbar role, I don't know who told you that".
    There was another contractor covering the techbar at the time. I asked the manager "What is the other contractor going to do?" she said he will keep on doing TechBar.

    From then on I just worked away from the tech bar as a purely 2nd line / Desktop Support support engineer.

    5 Weeks into the new role the hiring manager came over to me and told me "I am giving you 1 weeks notice". She said the reason being as she hired me to cover the tech bar. I said to her, " I am confused, as in my first week on the TechBar you told me that this role isn't a TechBar role. She then said "It's personality".

    In my first week on the TechBar the perm memeber of staff next to me had brought his iPAD in from home and had the radio on all the time.
    I found this irritating and unprofesional for working in an office enviroment. I politely asked him if wouldn't mind using headphones as it's hard for me to concentrate.
    He reacted fairly badly and said "It's for the whole team and said why don't you go to another room to do your training". So I did just that.

    Eventually I asked him again if he could turn it down he wasn't happy but he packed it away. Other perm members of staff had told me that the manager had let him bring in his radio to keep him happy. So I have no doubt this worked against me.

    Anyway I am considering talking to a Solicitor for breach of contract and misrepresentation.

    I had turned down another 3 months contract to take this gig so will be seeking payment for what's left of my contact.

    Possibly via a small claims court.
    Any legal minded people on here?


    #2
    Sounds like you like you were perceived as a bit of a trouble maker.

    First week into a job (even permanent but even more a contract) one shouldn't go around telling people what to do or how annoyed they are by what's happening around them.

    Forget compensation; move on and more importantly work on your people skills.

    Comment


      #3
      Thank you for your advice don't agree with you though.

      Comment


        #4
        I'm afraid that you're unlikely to get a different opinion.

        You are a contractor. One of the advantages of contractors for clients is that they can easily be dumped with little or no repercussions.

        Be aware of this when you go for next role.
        "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


          #5
          Originally posted by ukmercenary View Post
          Thank you for your advice don't agree with you though.
          then why the chuff did you ask?

          Forget going legal. Just because you don't like something does not make it illegal. Move on.
          Be less of a dick next time.
          See You Next Tuesday

          Comment


            #6
            Suck it up buttercup. Look out for the next gig. To be honest, with an attitude like that I would likely have fired you the first morning. I advise you to be very careful in the future or you will find agents just won't put you forward to clients in the future.
            Last edited by Fred Bloggs; 15 September 2021, 08:58.
            Public Service Posting by the BBC - Bloggs Bulls**t Corp.
            Officially CUK certified - Thick as f**k.

            Comment


              #7
              Originally posted by ukmercenary View Post
              I had turned down another 3 months contract to take this gig so will be seeking payment for what's left of my contact.
              When you say you had turned down another contract, did you actually have a contract offer presented for you to sign, or was t just that your CV was in for a role?

              The first week is not the time to complain or challenge management about what other people are doing. You need to be professional and do your job professionally. Let others do their thing. If you don't like it, then look for other roles.

              But, should you choose to ignore that, then the next steps are between you and the agency that placed you - not the end client.
              Did you communicate with the agency about your issues before the client asked you to leave?
              Did you communicate with the agency about your issues since the client asked you to leave?
              Do you have deep pockets? A solicitor will cost you £200-£400 per hour.

              You've managed 6 weeks of a 12 week contract, learn from it and move on.
              …Maybe we ain’t that young anymore

              Comment


                #8
                Don't waste your money, you don't stand a chance of getting another penny. I also assume you've never sue'd anyone before. People tend to jump to this without understanding the process. It's expensive and very lengthy so very rarely get's to this. But anyway, you can't sue for money you didn't earn, particularly on a T&M contract. There is also the fact you got binned off so you had no chance to earn the rest of the money. Both these items means you were never due the money so can't claim a loss of something you couldn't earn.

                On top of this you have the ability to go find work so cannot sue someone to pay for time when you are back working.

                It's just one of those things in contracting. You didn't fit in so you got binned. Sounds like if it was a Tech Bar role you would have had this issue on the first day and got yourself canned even earlier so at least you've got six weeks out of it.

                Time to put your big non-gender pants on and move on. You get a crap gig once in a while, that's how the game works.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  I agree with the above- You have zero chance even if you feel it unjust especially as a contractor

                  Even as a perm you would struggle with constructive dismissal claims - Move on and think positice

                  Comment


                    #10
                    Originally posted by NowPermOutsideUK View Post
                    I agree with the above- You have zero chance even if you feel it unjust especially as a contractor

                    Even as a perm you would struggle with constructive dismissal claims - Move on and think positice
                    constructive dismissal != being sacked

                    HTH
                    See You Next Tuesday

                    Comment

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