Termination Action as I complained about non-payment: *Need help quick*

[pauly]

No. You can negotiate with them to have it cancelled and then continue as normal but other than that you are a flexible resource with absolutely zero employment rights and then can terminate when they want for whatever reason they want.

The fact that you think you can move to another department if you can get this withdrawn sounds very troubling to me. Moving about internally for a client under the same contract??? IR35

If there is more work at the client let this contract terminate and then just go get a new contract with the new area. You are not an employee you are a contractor.... whether they will have you after this carry on is a different matter.

You are right. But the option was to do nothing and hope that the payment issue would solve itself or to escalate and get the Head of the programme to force an allocation to a project in order to get paid (had to pick this option as tried to sort out the issue at my level for 4 months with no success).

There are some cool permie roles that I wouldn't mind going for - and contracting in other departments is not as messy (lots of contractors have got stung in my current department). Once your out - it difficult to get into the new roles.

The agency workers act gives "agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job".

The permies have to be allocated and book their time to projects as well and this is usually done (their salary is paid irrespectively). I have been treated differently and unsure if this is an angle which I could tactfully use to remove the early termination.

The Head of the Programme has provided an email indicating that project allocation escalation is the specific reason for the termination. Quite shocking that they terminated a person for trying to ensure they get paid.

If I can persuade other people to remove this early termination I will be able to seek better work internally. I only had one extra month after the termination to go on the contract. The rate is great - so I want to stay to the end as I need the cash and it will give the time I need.

[MaryPoppins]

The Head of the Programme has provided an email indicating that project allocation escalation is the specific reason for the termination. Quite shocking that they terminated a person for trying to ensure they get paid.

It all sounds very odd. You're clearly doing work for someone, and I'm not clear why a programme manager [if that's what he is, you've used several different titles] would potentially put delivery at risk by canning someone for sending him a couple of emails. Is there anything else you're not mentioning?

[northernladuk]

If I can persuade other people to remove this early termination I will be able to seek better work internally. I only had one extra month after the termination to go on the contract. The rate is great - so I want to stay to the end as I need the cash and it will give the time I need.

This doesn't sound right at all. Are you sure you fundamentally understand contracting and your relationship with a client?

[pauly]

It all sounds very odd. You're clearly doing work for someone, and I'm not clear why a programme manager [if that's what he is, you've used several different titles] would potentially put delivery at risk by canning someone for sending him a couple of emails. Is there anything else you're not mentioning?

Not at all. This Head of Programme Delivery is probably feeling very exposed as they are responsible for Delivery and have a situation where a member of their 20+ project team has not been allocated work officially and cannot be paid. It will come back to him and thus he wants to blame the worker bee and get them out before anyone hears about it too much.

[pauly]

For employees yes, there are lots of protections. For contractors there are virtually none. It's a business-to-business transaction. Your only protection is the ability to sue those with whom you have the contract with, if they have breached the terms.

Thanks. I am just wondering if there is any compensation for going without payment for this period of time. I have had to borrow money of friends and family in order to pay bills after working 60+ hrs a week.

[centurian]

Thanks. I am just wondering if there is any compensation for going without payment for this period of time. I have had to borrow money of friends and family in order to pay bills after working 60+ hrs a week.

Yes, you can probably claim late payment/interest as the law allows for any contractual payment between one business and another.

In the grand scheme of things, I don't think it's a massive amount though. And to get the extra amount - you will almost certainly have to sue, which means waiting even longer for it, assuming you win.

In short, if the other side are playing hardball, there simply is no quick fix for your predicament.

[pauly]

This doesn't sound right at all. Are you sure you fundamentally understand contracting and your relationship with a client?

I get it - however the reality is that once you are onsite you are perceived as being one of the team and there is a natural human concern about treating you too harshly when others (perm and contractors) are on-looking.

I need to persuade the Director (manager of the Head of Programme Delivery) that termination for escalating non-payment is inappropriate and the organisation is exposed if they continue with this action.

Firing someone for escalating non-payment is shocking - there must be something which exposes the Clientco now that the Agency Workers Act acknowledges that a contractor, hirer (i.e. clientco) and agency have a tri-party relationship.

[northernladuk]

The bottom line is you are a business delivering to a client for payment. They haven't paid you now have a commercial debt so have to recover the monies owed with this in mind. Dunning them, letters explaining you will be adding a percentage to the outstanding debt and finally a solicitors letter nearly always sorts it well before court action.

Once a supplier's relationship has broken down to the level then you need to move on. There will be no permanent or contractor gigs here now. You have more than likely burnt your bridges and you need to move on.

EDIT : Need to drop the ridiculous bolding of words. It actually detracts from trying to read your situation rather than helps.

[SimonMac]

Is there anything else you're not mentioning?

I suggest yes.

While you were not assigned to a particular project, what were you doing? Could it reasonably be seen that the programme manager found out you've not done any billable work for four months and paid you accordingly?

[pauly]

I suggest yes.

While you were not assigned to a particular project, what were you doing? Could it reasonably be seen that the programme manager found out you've not done any billable work for four months and paid you accordingly?

This is all internal work as opposed to consultancy. The Head of Programme Delivery put a new structure in - compromising of five Programme Leads (permies) reporting to him. I reported to a Programme Lead - the Lead had me working across many projects but did not provide the authorisation to get allocations sorted out. If I do not have a full week of allocations - the whole internal system marks the contractor as absent.

This new structure was deeply dysfunctional - and created situations like mine. Ultimately I guess was the Head's creation - and thus they are responsible.