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Renewed contract called off because of bullying complain

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    Renewed contract called off because of bullying complain

    I wonder if this forum can help.
    I recently had a notice given on my Contract which had just been renewed a few weeks before and just after myself and another person doing the same job as I, denounced serious bullying instances in the client. Myself and said person are working OIR35 through an agency. The complaint was put down in writing to the agency as soon as the bullying instances against me happened. I had also, before that, stood up for my colleague who was also being bullied. There is a recognition that these behaviours are not correct however the client failed to address them. Instead they are tried to cut my contract short and not give all the notice per contract, saying that their client has made the choice to me me the one who is leaving.
    I know that contractors OIR35 have few rights with regards to bullying at work, however there needs to be some sort of protection for contracts and none of the designated reasons to terminate the contract have been fulfilled. This company is also refusing to give all the notice and wanting to give only half claiming that the contract for the new year does not include 1 of the people doing my role (currently 2)...
    I have also not received any communication in writing and this was only verbally communicated 1 week ago, some days later to the agency and the agency has not yet communicated anything in writing.

    Any input is appreciated

    #2
    You might be able to get some money out of the agency, but it's probably better to just try and get a new contract as soon as possible. Just chalk it up to experience.

    If there's been two instances of bullying, do you really want to work there?
    Down with racism. Long live miscegenation!

    Comment


      #3
      They don't have to terminate the contract just stop giving you work to do. Same net effect - you're out of work and income.
      Blog? What blog...?

      Comment


        #4
        Suck it up and move on. Think yourself lucky you will never work there again.
        Public Service Posting by the BBC - Bloggs Bulls**t Corp.
        Officially CUK certified - Thick as f**k.

        Comment


          #5
          Originally posted by Origami View Post
          here is a recognition that these behaviours are not correct however the client failed to address them. Instead they are tried to cut my contract short and not give all the notice per contract, saying that their client has made the choice to me me the one who is leaving.
          That is them addressing it when it comes to suppliers. They are under no obligation to respond to you as you are an external supplier. There is an issue so they cut ties with the supplier. They've addressed it. What they do with the person doing the bullying is their problem but I suspect they'll blame you once you are gone and life will just carry on.
          I know that contractors OIR35 have few rights with regards to bullying at work,
          Correction. OI35 contractors have ZERO rights with regard to bullying. You can address it through client/supplier engagement on a business level but there are no rights at all.
          however there needs to be some sort of protection for contracts and none of the designated reasons to terminate the contract have been fulfilled.
          I don't think so. Just part and parcel of working T&M contracts. You turn up and do the work offered for the agreed pay. If they don't want you to work they can just say. Doesn't matter the reason. Could be run out of budget, no work to do, don't like your face or whatever. Doesn't have to be a reason why.

          This company is also refusing to give all the notice and wanting to give only half claiming that the contract for the new year does not include 1 of the people doing my role (currently 2)...
          I have also not received any communication in writing and this was only verbally communicated 1 week ago, some days later to the agency and the agency has not yet communicated anything in writing.
          Any input is appreciated
          THey can get rid of you on the spot. Notice periods are irrelevant. It will say in your contracts that you only get paid for the work you do. If they say bugger off at 4.30 don't come back then you are done. Notice on the contract can continue but you won't be working so you won't get another penny.
          You are a supplier here so at the arse end of this type of dispute and usually come of worse. If the client doesn't want you on site and doesn't want to pay you then the terms of the contract let them. If you are going to get notice money for not working then you've got a problem with your IR35 status.
          I wouldn't be overly bothered about the paperwork here. If you are told to get off site by the client then you are done. It's them that supplies the work you then get paid for. Doesn't matter how this is communicated, you are done. As mentioned previously the official notice on the contract can be served but you won't be there to work it.

          Just part and parcel of being a supplier to a client I am afraid. Bullying is unacceptable whoever it is and if it is one person in particular I do hope the client will deal with it but all that is none of your business. If you've fallen out with your client contacts and they don't want you on site you are done. Period.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post

            Correction. OI35 contractors have ZERO rights with regard to bullying. You can address it through client/supplier engagement on a business level but there are no rights at all.
            The client still has a duty of care to employees, contractors and the public.
            The OP has no 'rights' as such, but the client is quite possibly in the wrong.
            Having said that, there's nothing for the OP to do other than suck it up buttercup (or maybe whistleblow, but that's not getting to help them).
            See You Next Tuesday

            Comment


              #7
              Originally posted by Lance View Post

              The client still has a duty of care to employees, contractors and the public.
              The OP has no 'rights' as such, but the client is quite possibly in the wrong.
              Having said that, there's nothing for the OP to do other than suck it up buttercup (or maybe whistleblow, but that's not getting to help them).
              Absolutely this.

              It depends on the circumstances. The client still has a duty of care.

              I have experienced this on two occasions before with different high profile clients. Putting the contract asside, do you have evidence of the bullying? Did it amount to a breach of health and safety, or even a criminal matter?

              In the first case, the client screwed up and I had the evidence in writing. When I pointed this out to their HR, they backed off and honoured the contract to it's conclusion after which I moved on. In the second case they dismissed the employee concerned and I was able to carry on.

              But the evidence is key, if they realise they are banged to rights, they will back down.

              If not, as the others have said, there's nothing you can do, just learn from it and move on.

              Comment


                #8
                I had this once at the most toxic client imaginable. Without going into specific details, I got shafted publicly big time by a Global Exec VP level stakeholder. My client boss was actually quite sympathetic and between us we managed to mitigate the situation somewhat. I got taken off leading my project and handed it over to an external consultant within a month then moved on to a new role to head up a team of decent individuals. The latter was actually really enjoyable for my remaining few months.

                The whole organisation was toxic. I couldn't believe just how many sociopaths, psychopaths, weirdos and plain nutters worked there.

                At another client I had something similar happen. Not outright bullying per se, but my client boss suddenly took a great disliking to me after we had seemingly got on fairly well for a few months and my face no longer seemed to fit. I was asked to leave very shortly afterwards. As other say, as a contractor, you just have to take it on the chin. As a contractor you're disposable and 9 times out of 10 the company will side with the perm staff, not the contractor. The only time I saw that not happen was a case of racist bullying and the permie was binned instantly.

                Comment


                  #9
                  @origami,
                  You really do have my sympathy; workplace bullying is horrible, stressful and should be unacceptable. Even worse that this is now impacting your business income.

                  If this can't be fixed, as advised by Jolie, then I reckon that the only sensible course of action is to walk away and enjoy some time off over the holidays.
                  Try not to resent the unfairness of it for too long if you can.
                  Last edited by Protagoras; 22 December 2022, 20:34.

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