Hi,
Hoping for a little advice, I've been in a contract since February 2007, the original contract was for a ten week period, this period expired, and I continued going to work, and receiving payment as per original terms. In April 2008, I received a new contract for 3 months. This expired and I continued going to work, as I am currently. During this time the role has become key to the business, to the point where I can no longer take holidays that clash with the month end reporting process.
My original contract states;
YOU AGREE AND ACKNOWLEDGE THAT NO EMPLOYER-EMPLOYEE RELATIONSHIP SHALL BE CREATED BETWEEN YOU AND THE CLIENT OR BETWEEN YOU AND Agency Name AS A RESULT OF THIS ASSIGNMENT.
Now after nearly three years I am being advised that I will no longer be required after the end of March 2010.
I have been advised due to the length of service within the contract, which have been presumed by all parties, the fact I have actually been working outside of a contract for the past 18 months, and am treated as employee in all aspects except pay, I may have an argument for permanacy.
A friend who works in HR pulled out some legal references regarding permanancy, and provided a checklist of questions with ref. to Lane and Shire Roofing Company (Oxford) 1995 IRLR 493 CA
The answer to all these questions is the End Client.
Influential factors deciding whether an individual is an employee or self employed are;
My holiday, etc. is governed by the client
No staff
My only client
Standard day rate
Does anybody have any advice, on this area of contract law, am I still bound by the original terms of the contract, although the contract has not been managed? Do these terms only cover the actual contract period? Do I have an argument for permanancy?
Hoping for a little advice, I've been in a contract since February 2007, the original contract was for a ten week period, this period expired, and I continued going to work, and receiving payment as per original terms. In April 2008, I received a new contract for 3 months. This expired and I continued going to work, as I am currently. During this time the role has become key to the business, to the point where I can no longer take holidays that clash with the month end reporting process.
My original contract states;
YOU AGREE AND ACKNOWLEDGE THAT NO EMPLOYER-EMPLOYEE RELATIONSHIP SHALL BE CREATED BETWEEN YOU AND THE CLIENT OR BETWEEN YOU AND Agency Name AS A RESULT OF THIS ASSIGNMENT.
Now after nearly three years I am being advised that I will no longer be required after the end of March 2010.
I have been advised due to the length of service within the contract, which have been presumed by all parties, the fact I have actually been working outside of a contract for the past 18 months, and am treated as employee in all aspects except pay, I may have an argument for permanacy.
A friend who works in HR pulled out some legal references regarding permanancy, and provided a checklist of questions with ref. to Lane and Shire Roofing Company (Oxford) 1995 IRLR 493 CA
- Who decides what the work will be?
- Who decides the way the work will be done?
- Who decides the means to be used?
- Who decides the time scales?
- Who chooses and removes the people in the team?
The answer to all these questions is the End Client.
Influential factors deciding whether an individual is an employee or self employed are;
- Anything which indicates employment - discipline, grievance, holiday, sick - tip the balance to employment, but if the only difference between the employed and self employed is the manner of payment then they will probably be employees
- Whether he or she has his or her own staff
- Whether he or she has several clients
- Whether he or she negoiates different fees for each job
My holiday, etc. is governed by the client
No staff
My only client
Standard day rate
Does anybody have any advice, on this area of contract law, am I still bound by the original terms of the contract, although the contract has not been managed? Do these terms only cover the actual contract period? Do I have an argument for permanancy?
Comment