Suspended - Need legal/general advice please

[oul99]

Good Afternoon,

Really hope someone can offer me some help with the below... I realise nobody likes reading essays so I'm trying to keep this brief and factual.

I have since February 2015 been employed on a 1 year contract with a major UK IT company - I was approached by a consulting agency who helped me get setup with my own ltd company etc... I invoice the agency at the end of each month who then invoice major IT company. Everything been going great, however 2 months ago it was announced that due to major IT company cut backs my contract would be cut early by a few months ending likely in December 2015 rather than February 2016 - This is my first contracting gig, and I wasn't too concerned about this and was happy to be given some notice.

Monday 19th of October I was pulled into a very one sided meeting with a manager from major UK IT company whom basically without allowing me to defend my case suggested I had been "call avoiding" by placing users on hold. Of course I do not deny having put users on hold as this is part of the job and necessary to contact 3rd parties etc... However the accusation of "call avoidance" baffles me as even if I do have someone on hold I am still working dealing with emails or tickets etc... and generally compared to other members of staff I have fantastic call stats etc... I was not given the opportunity to defend my case; I had to hand in my security badge then be escorted out which was embarrassing, the manager from major IT company said I would be dismissed by the agency the same day.

Tuesday 20th of October I find that major IT company have sent the agency an email advising that I had 3 prior meetings for "call avoidance" hence the reason they suspended me. I email agency back to inform them that this is utter lies and ask them for major IT company to produce evidence of these 3 meetings.

Between the 20th of October and today (2 weeks more or less) I've received nothing but apologies from the agency who claim I'm still suspended as they have had no information back from major IT company's manager regarding whats happening to me and to my knowledge they have still not supplied any evidence of "call avoidance" or these 3 prior meetings. The lady from the agency is claiming that the manager maybe on holiday hence not replying?

I was wondering if you guys can help me?

1. I have questioned the agency 3 times now as to pay while suspended - they state they need to confirm this with major IT company.

2. I have asked if I should apply for other jobs or if I have contractual obligations to the agency - they state they can not answer this until major IT company gets back to them.

Basically I feel like I'm stuck in limbo here, I've been suspended for nearly 2 weeks which I simply can not afford as unpaid time, the agency refuse to clarify if this is paid or unpaid.

I'm really stuck as to what to do. I'm getting increasingly annoyed that major IT company are burying their heads in the sand and while the agency seem to be on my side they aren't doing enough as far as I'm concerned to get answers.

Unfortunately due to PC failure I seem to have lost the contract between myself and the agency and I am attempting to look for this in a backup.

Does anyone have any suggestions as to what I can do/if I have any legal right to take this further?

[stek]

Forget it, leave it and move on to another role.

[Sausage Surprise]

You're a contractor (not a permie) and expendable. Move on. You'll get used to it.

[b0redom]

+1

Sounds like you're on a FTC rather than a 'proper' contract though.

[WTFH]

Find a new agent and a new role.


...btw, the agent won't be fighting your case, but theirs. They will be pushing to get their invoices paid, but not because they want you paid. They also will not be wanting to rock the boat with a big customer, so they probably have not asked them for proof, etc, but will tell you they have so that you think they are acting on your behalf.

[Danglekt]

no - you are a gun for hire and you got disposed of.

Maybe not nicely, but it doesn't matter.

[oul99]

Thanks for the replies so far.

I'm still owed around 3 weeks wages so I'm trying to keep things civil as this is due roughly around the 10th of this month.

Being paid while suspended for the past 2 weeks in limbo would be a bonus but it looks like I'm going to have to forget about that.

My primary concern is future references and I would very much like major IT company to withdraw these false comments made to the agency.

The general consensus to be to move on and forget about it?

[MrMarkyMark]

+1

Sounds like you're on a FTC rather than a 'proper' contract though.

Not quite...or I hope not

I was approached by a consulting agency who helped me get setup with my own ltd company etc

I'm still owed around 3 weeks wages so I'm trying to keep things civil as this is due roughly around the 10th of this month.

Hopefully you have time sheets for these.

As others have said, put it down to experience and move on.
Having had a similar situation in the past and knowing it was completely untrue, chalked it up, found another contract and moved on.

[TheCyclingProgrammer]

Out of curiosity, have you had the contract and working practices for this contract reviewed for IR35 purposes?

[BlueSharp]

If you are FTC that means you are an employee not a B2B contractor and get employee rights. If you're employed for less than 2 years you can only claim wrongful dismissal which is basically breach of contract so only expect notice period pay and holiday pay if any. Over 2 years or (age/race/disability) discrimination and you can try unfair dismissal where you get compensation.

For either you will need to prove you followed the companies appeal process, Employment Tribunals will handle both wrongful and unfair dismissal.

If you're a B2B contractor, forget it and move on.