Contractor rights

[Peergint]

Hello,

I have been contracting at the same company for just under 3 years. I first started working as a contractor for an agency, contracted to the company I work at. Then in Oct 2009 I set up a limited company, so now I send my timesheet to my accountant, who invoices my agency, who invoice the company I work at. Complicated, but I get a slightly better income.

The company have told me that they are ending my contract around the end of April or May. At least this gives me time to find something else.

My question is this, as I have worked at the same place for so long, what rights do I have? I know I come under IR35 and was completely honest when I set up my company.

I did apply for a job with the company, but they said that because of my health issues, they could not take me on. I am Epileptic and cannot work nights. I even supplied a letter from my doctor. They said that because they are changing the structure and they need people to be able to work nights, and a shift rota, my issues meant that they could not take me on.

Under my rights and because I worked here so long, is there any claim I can make against the company?

My understanding, which could be flawed, was that if you have been employed as a contractor for over 2 years at the same company, they have to treat you as a company employee?

Any advice would be gratefully received.

Thank you.

Peergint.

[cojak]

No, you have no rights with the client. It was a straight forward business-to-business contract and you are an employee of your Ltd, not the client.

The 2 year rule is a myth in this area an only applied to location expenses.

You are a contractor and business person working through a Limited Company.

We as contractors do not want or need the rights you are asking about. For your own sake please look at the first timer guide on the Navigation section (on the left).

You may need to consider permanent employment with another company or accept the freedom, flexibility and risks as a contractor.

[Craig@Clarity]

Unfortunately, I don't think you have any rights or claims to employee benefits purely on the basis that you have been at the end client for more than 2 years. Since you have declared yourself subject to IR35, you would have paid the associated tax and NI on your deemed salary whilst under this contract.

The whole purpose of having a structure where you are working through your own limited company, contracting via and agency for the end client makes it more difficult to claim against the end client.

A couple of articles for you Alstom Transport v Tilson and its implications for freelancers | PCG and Contractor

[monobrow]

Hello,

I have been contracting at the same company for just under 3 years. I first started working as a contractor for an agency, contracted to the company I work at. Then in Oct 2009 I set up a limited company, so now I send my timesheet to my accountant, who invoices my agency, who invoice the company I work at. Complicated, but I get a slightly better income.

The company have told me that they are ending my contract around the end of April or May. At least this gives me time to find something else.

My question is this, as I have worked at the same place for so long, what rights do I have? I know I come under IR35 and was completely honest when I set up my company.

I did apply for a job with the company, but they said that because of my health issues, they could not take me on. I am Epileptic and cannot work nights. I even supplied a letter from my doctor. They said that because they are changing the structure and they need people to be able to work nights, and a shift rota, my issues meant that they could not take me on.

Under my rights and because I worked here so long, is there any claim I can make against the company?

My understanding, which could be flawed, was that if you have been employed as a contractor for over 2 years at the same company, they have to treat you as a company employee?

Any advice would be gratefully received.

Thank you.

Peergint.

WEES i'm afraid.

What you may be confusing this with is fixed term contracts? my understanding is that they CAN be eligible for redundancy etc (though not a lot of clients know that). but no, as a B2B/contractor you are stuffed.

i'm sure they knew that before they changed you over.

[RichardCranium]

The company have told me that they are ending my contract around the end of April or May. At least this gives me time to find something else.

I think they have been very generous indeed giving you three months' notice. That is more than most permies get.

That gives you loads of time to research your options and find alternative work.

I suggest you maintain (or form) an excellent working relationship with people at your existing ClientCo and make it clear you will be very happy to go back again, should they be able to use you.

I also suggest you use your remaining time to learn as much as you can before you leave: what technologies can you bone up on at no expense to yourself?

It might not feel like it, but you are actually in a very fortunate position.

[stillooking]

Hello,


Under my rights and because I worked here so long, is there any claim I can make against the company?

Any advice would be gratefully received.

Peergint.

Your approach is poor to say the least, you have had a v.long contract and then you turn round to client co and say "I'm an employee really what about my rights?"

I'm not going to lecture you but the only advice I can give you is get knotted

[Wanderer]

Any advice would be gratefully received.

You've had an excellent run with the one client. Take a deep breath, chin up, leave on good terms because you may be back there some time. Now focus your energies on looking for another job.

Secondly, don't roll over and accept this IR35 thing. Get your contract properly reviewed and changed to put you outside IR35. We are talking a lot of money here.

Good luck!

[TestMangler]

Hello,

I have been contracting at the same company for just under 3 years. I first started working as a contractor for an agency, contracted to the company I work at. Then in Oct 2009 I set up a limited company, so now I send my timesheet to my accountant, who invoices my agency, who invoice the company I work at. Complicated, but I get a slightly better income.

The company have told me that they are ending my contract around the end of April or May. At least this gives me time to find something else.

My question is this, as I have worked at the same place for so long, what rights do I have? I know I come under IR35 and was completely honest when I set up my company.

I did apply for a job with the company, but they said that because of my health issues, they could not take me on. I am Epileptic and cannot work nights. I even supplied a letter from my doctor. They said that because they are changing the structure and they need people to be able to work nights, and a shift rota, my issues meant that they could not take me on.

Under my rights and because I worked here so long, is there any claim I can make against the company?

My understanding, which could be flawed, was that if you have been employed as a contractor for over 2 years at the same company, they have to treat you as a company employee?

Any advice would be gratefully received.

Thank you.

Peergint.

Could someone closer to this person plant a toe firmly in their bollocks please ?

[TykeMerc]

Under my rights and because I worked here so long, is there any claim I can make against the company?

My understanding, which could be flawed, was that if you have been employed as a contractor for over 2 years at the same company, they have to treat you as a company employee?

1. You're an employee of your Ltd now and prior to that of the Agency, as a full time employee of these companies you've never worked for the client, but have worked on company assignment at the client.

2. The only employment rights you have are with your current employer which has never been the end client.

Unfortunately you've completely misunderstood what a contractor is, we're not temps who're employed by the end client, we're resources supplied to the client under a business arrangement. This protects the client from the kind of scenario you're hoping for and allows the client to utilise specialist resources without having to engage them with all the associated employment rights nonsense.
As Mr Cranium said they've been incredibly generous to give you 3 months warning that they will no longer need resource from your company.

[cojak]

You are welcome here Peergint - ignore the less than helpful comments from some.

@Other posters. Please remember guys this is one of the Professional forums, some comments here to newbies who have been taken advantage of are less then helpful.