I am an IT contractor/freelancer working in the IT contracting market here in London since June 2004. I joined Brookson Ltd as my umbrella company in Jan 2005, which forms a limited company for me, pays part of my money as a permanent salary and the other to the limited company of which I am a shareholder. So I am an employee of Brookson as well as shareholder in the limited company they form for me. I have a membership no in this company too.
When we find a new contract anywhere, we ask the contract agency to pass the agreement to Brookson. Brookson negotiates for IR35 compliance, but other than that, it is we who agree on a daily rate. Brookson charges a small fee on each weekly timesheet it processes and as contractors we pass them our signed timesheets, and they invoice the client/agency for them.
I started contracting with Etheios (a city consultancy) on July 11, 2005 and an agreement was reached b/w Brookson and Etheios which stated that I would provide my services. The agreement stated a 4 weeks notice period. The contract allowed me to join any other contract while I am working or providing services here.
On Oct 07, 2005 I asked Etheios if I could leave them on Oct 14, 2005, thus effectively giving them 1 week time period. The project was in a very comfortable state and I showed the testimonies of my workmates to my project manager about the impact on the proejct if I leave. My project manager Morgan Sheehan (from Etheios) showed some reluctance but agreed to see if some tasks can be finished in the coming week. I also pledged him that I would still remain available to the project and they just need to call me after Oct 14, 2005 if they need so. I finished all the tasks by Oct 13, 2005 noon time, and at about 1600 GMT on Oct 13, 2005, my project manager Morgan Sheehan came to my desk, and asked me to leave within 10 minutes and never show up again. So effectively he fired me on Oct 13, 2005.
I didn't mind that, as I wanted to leave myself too and it was verybally agreed with Morgan too. However now it was clear, they would not call me next week to ask to come, as they burned all the bridges. I have about 25 days timesheets signed from Etheios which I presented to Brookson. However, to my astonishment, Etheios sent a claim of abot £6000+ losses to Brookson which were heavily fabricated and I think it was me who should be sending a claim against them. Now Brookson told me that even to reply to their claim, I have to pay for their lawyer (Brookson's lawyer) which is completely nonsense as it is a dispute b/w Brookson and Etheios. I told my case again and again and also sent documents to Brookson to let them know how Ethios is breaching the contract, and not me, they don't listen. They have not payed for my 25 business days since Oct 2005.
I have contacted DWF and DTI employment standards. Anyone who is experienced of such disputes could give me any adivce?
Thanks
Ammar Khalid
When we find a new contract anywhere, we ask the contract agency to pass the agreement to Brookson. Brookson negotiates for IR35 compliance, but other than that, it is we who agree on a daily rate. Brookson charges a small fee on each weekly timesheet it processes and as contractors we pass them our signed timesheets, and they invoice the client/agency for them.
I started contracting with Etheios (a city consultancy) on July 11, 2005 and an agreement was reached b/w Brookson and Etheios which stated that I would provide my services. The agreement stated a 4 weeks notice period. The contract allowed me to join any other contract while I am working or providing services here.
On Oct 07, 2005 I asked Etheios if I could leave them on Oct 14, 2005, thus effectively giving them 1 week time period. The project was in a very comfortable state and I showed the testimonies of my workmates to my project manager about the impact on the proejct if I leave. My project manager Morgan Sheehan (from Etheios) showed some reluctance but agreed to see if some tasks can be finished in the coming week. I also pledged him that I would still remain available to the project and they just need to call me after Oct 14, 2005 if they need so. I finished all the tasks by Oct 13, 2005 noon time, and at about 1600 GMT on Oct 13, 2005, my project manager Morgan Sheehan came to my desk, and asked me to leave within 10 minutes and never show up again. So effectively he fired me on Oct 13, 2005.
I didn't mind that, as I wanted to leave myself too and it was verybally agreed with Morgan too. However now it was clear, they would not call me next week to ask to come, as they burned all the bridges. I have about 25 days timesheets signed from Etheios which I presented to Brookson. However, to my astonishment, Etheios sent a claim of abot £6000+ losses to Brookson which were heavily fabricated and I think it was me who should be sending a claim against them. Now Brookson told me that even to reply to their claim, I have to pay for their lawyer (Brookson's lawyer) which is completely nonsense as it is a dispute b/w Brookson and Etheios. I told my case again and again and also sent documents to Brookson to let them know how Ethios is breaching the contract, and not me, they don't listen. They have not payed for my 25 business days since Oct 2005.
I have contacted DWF and DTI employment standards. Anyone who is experienced of such disputes could give me any adivce?
Thanks
Ammar Khalid
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