Originally posted by BolshieBastard
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Contract offer retracted, after signing contract. No notice or payments provided!
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"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... -
Well done for standing your ground, agencies are notouriously sinister, I worked for one for 4 years !!
the only thing they listen to is the FD
OR
Legal action
Other than that you will be fobbed off. We had a case, our contracts were awful and bigger companies would take the total piss. In the end a very big contractor took about 5 employees from us.
We took them to court and lost. In the meantime we held onto there pay unless they signed new contracts, they didn't sign. Took us to court and won.
So we paid out alot, lost the employees....welcome to the world of business. Where the only person thats looking out for you is.....YOU !!!Comment
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Originally posted by malvolio View PostThat's not a victiory. You have just proved that we are all disguised employees and should be taxed as such.
HMRC are the ones who attempt to prove that people are "disguised employees" (and mostly fail according to the PCG) and this judgement doesn't change that. I'm sure there have been a load of IR35 status disputes where people have notice periods and MOO clauses in their contracts but that hasn't made them disguised employees.
What this case proves is that if a contract has a notice period to the consultant company then the consultant company is entitled to be paid for the notice period regardless of if there is any work for the consultant during that time. Likewise, if the consultant company failed to provide services during the notice period, the client could claim damages.Free advice and opinions - refunds are available if you are not 100% satisfied.Comment
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Originally posted by cojak View PostBecause I'm a business and prepared to take the risk?
I see it as clearly being in the Contractor's commercial interests to be within the scope of the regulations, and not to opt out. This, to my mind, is a significant commercial issueFree advice and opinions - refunds are available if you are not 100% satisfied.Comment
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I have PCG+ insurance should the agency go belly up and I know how to contact Business Debt Collection & Recovery Solicitors - The Thomas Higgins Partnership if they want to play funny devils."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
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Originally posted by Freedom View PostI am pleased to say that I have reached a settlement with the agency (cheque now clearing). It had taken all these months and a solicitors and debt collection lawyers. Nearly had to go to court.
I can say I received about a couple of weeks of pay (however, a significant portion of it was paid to lowyers).
My victory is one for all and every contractor in the industry. Yes, even for the eternal pessimists. I would like all who read these words to learn from my victory and from my mistakes also.
Lessons learned from past mistakes:
- Insist on opting IN rather than out of Conduct Regulations 2003. No matter what anybody says. These regulations protect you against dishonest agencies!!!
- Buy legal protection insurance, that specifically covers dishonoured contracts, non-payments by agencies etc. Not just IR35 compliance!!!
- If/when you contract is terminated without a valid notice as per cotract, make sure to actually turn up for work! I repeat, turn up for work! You will surely be sent back home, but then they will be forced to pay you until the proper notice is served!
Above all, stand your ground firmly. Respect your own legal rights, and do not accept dishonesty from agencies. No matter what anybody tells you, the only worthwhile advice is from qualified legal professionals.
Just be aware that in some places, IT recruitment is a small world and word soon spreads.Comment
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Originally posted by cojak View PostI have PCG+ insurance should the agency go belly up
If the agency goes bust regardless of whether you are opted-in or out you will have to use that insurance.
Originally posted by cojak View Postand I know how to contact Business Debt Collection & Recovery Solicitors - The Thomas Higgins Partnership if they want to play funny devils.
All opting in means is that you have the another law on your side and the people who are suppose to regulate it, if the agency try and play silly buggers."You’re just a bad memory who doesn’t know when to go away" JRComment
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Above all, stand your ground firmly. Respect your own legal rights, and do not accept dishonesty from agencies
I always believe you should prepare yourself (like a Samurai) to be terminated at any minute, including before the contract starts. If it happens, then just move on.
That's not a victory. You have just proved that we are all disguised employees and should be taxed as such.Comment
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