Contract Termination and bullying

[speling bee]

What a load of pap.

I disagree. If you want some satisfaction (I would move on personally), HR may well take it up, not because you as a contractor have rights, but because the employee has responsibilities to their employer.

[Unix]

It's too late for this one, but you should have took the bully aside and warned him if you don't stop you will knock his block off after work. Then a few outcomes would happen.

a) He would stop the nonsense.
b) He would go to management accusing you but his word against yours.

[d000hg]

Today a friend told me I could have a case for bullying / harrassment and potentially wrongful dismissal. But does this work as a contractor?

Not unless they did something illegal.

Good luck finding something better, try not to dwell on it other than seeing if there are any lessons you can learn for the future - like making sure you keep records of any funny business in future contracts. Get out, get paid, move on.

[d000hg]

It's too late for this one, but you should have took the bully aside and warned him if you don't stop you will knock his block off after work. Then a few outcomes would happen.

a) He would stop the nonsense.
b) He would go to management accusing you but his word against yours.

That's stupid advice for so many reasons. For a start (other than it being childish) you miss:

c)He calls you on it - then you either do nothing and he knows you're all talk, or you follow through and he reports you to the police/agency/etc

Even in the case b) if he's an employee at a higher level and you're a contractor, so it's unlikely you'll prevail and are more likely to get canned for causing trouble.

[GillsMan]

HR departments dont know the difference between permie bulling and you being a contractor, find the name of head of HR send them an email saying you were bullied. They will take it from there, will only get you some Karma payback but worth it for a laugh as she squims with HR

I love the way you've managed to generalise every HR department in the world. And going back and causing issues with HR is not "worth it for the laughs". FGS, we're supposed to be acting like businesses. Your post might have had more credence had you said that it's worth it to ensure that the permie knows what is acceptable behaviour, and what isn't. But to do that for the karma and for a laugh? Wow.

[tarbera]

lol

I love the way you've managed to generalise every HR department in the world. And going back and causing issues with HR is not "worth it for the laughs". FGS, we're supposed to be acting like businesses. Your post might have had more credence had you said that it's worth it to ensure that the permie knows what is acceptable behaviour, and what isn't. But to do that for the karma and for a laugh? Wow.

lol - your funny

'you said that it's worth it to ensure that the permie knows what is acceptable behaviour' Im sure every non thicko got thats what i meant + karma payback

[northernladuk]

I agree completly, we got rid of one contractor who just never turned up one week (went on Holiday as a good deal, but never atually informed anyone he was not avalible for work - that would have been fine).

Next thing we know HR are dragging us in to a million meetings as he accused us of not bullying but a 'Hate crime' because we hated the fact he went on holiday without telling us. - HR were great at wasting our time

No. Your post was a load of pap.

[ASB]

you're not protected by employment legislation.

I agree, but it is not that simple since most relevant legislation doesn't use the term "employee".

Various pieces of legislation use different terms, there is no great consistency. Often they use the term worker - and then define whom it encompasses, it can sometimes be wider than employees.

This can afford some protection and can potentially allow action to be brought.

Claims would probably need to be brought under the equality act, but given this case it is hard to see it succeeding.

Equality Act

edit: Note that if personal service was required [not good for an IR35 pov] the applicant claim may well have succeeded because she would have been considered an employee under the wide definition given by the equality act

[BrilloPad]

Everywhere I have contracted in IB, the permies are always looked after. If a contractor gets picked on by a permie, the contractor goes.

It comes with the turf.

[SteelyDan]

[QUOTE=GillsMan;1952729]Yup, totally this. It is horrible, because as much as we are businesses, we are also human beings...QUOTE]

In most cases, yes this is true, and I've been at places where even basic direct communication isn't provided.