Contract Inside IR35 = Anything Goes?

[northernladuk]

I'm assuming the worst that can happen is that the umbrella company does not pay me for the weeks I have worked and the agency sues me for breach of contract. How likely is this to happen and has anyone been the subject of legal action? That could cause even greater problems.

The agency won't sue you. They have only lost their commission for a month. It's just not worth it for them. They will try and hold the money back from the umbrella but that's illegal as you've worked it. It's a bit different to what we've seen in the past as an umbrella is in the way and it should be them chasing the money but I've a feeling they won't care much depending on whether they are obliged to pay you. If the contract says they do not have to pay you until they get the money then I don't think they'll do much about it.

You may have to chase the agency. Google 'Dunning' and just do that and then threaten them with further action. They are experts in this game so unlikely to pay you unless they really feel you are going to follow it up. A solicitors letter will likely do the trick. That said, in many cases like this the contractor has had to suck it up and lose the last pay, you did breach contract after all. Depends on how much you need the money.

But don't worry about legal action. They'll bluff and bluster and be pretty upset but just ignore it and don't let it get you down any further. It won't come to anything.

[Lost It]

My intention is to leave though, not stay. By just having a couple of weeks off, I would still then have to go back to work and work a month's notice? This is what I want to avoid

No you don't. If you are in any job, if someone offers you work that is better for you there's nothing legally stopping you from just handing in your notice and taking the new job. Certainly under IR35 they might try to pressure you, but you have a month or more of fit note, use that as your notice.

I had a major operation last year, bowel cancer, my GP and the oncology team didn't want me to go back to work because they said "stress was the worst thing for my recovery" but I went anyway knowing that if I can't handle the job I can get signed off for 6 months if I need it. They also say I have PTSDS too because of something I said when I was in my bed in hopsital.

If you've been in a similar position, all you have to explain to your GP is that you fear your health is at risk. Then you get what ever fit note you want. They don't wish to see you back in hospital. They want your recovery to be a success.

And you DO NOT need to be "signed off" a fit note. It's up to you to either stay off work or go back when you are suitably recovered. I wouldn't bother with a 28 day one, ask for 3 months. The company will let you go anyway if they have any sense. Technically you could go after them if they let you go because of a disability but if it serves the purpose you want then it's win win.
Ideally they "let you go", you have a miraculous recovery and start back at work somewhere else.

But please, if you are dreading going to work, get that fit note sorted. Life is way too short to be in that frame of mind.

[NowPermOutsideUK]

You should be proud you decided to quit. I went through something similar recently and it took me 8 months to actually resign. It broke me and I regret not quitting sooner bu my that’s the past

my advice is protect your health. Work should be fun consistent and organised. Not Wild West

[d000hg]

I wouldn't want the first thing the client hears is "this is impossible, I quit". You'd surely want to make them aware, firmly, what you've been asked to do and why this is not sustainable. "You've asked me to cover 3 people at once". It might be part of your 'job' is pushing back on that instead of simply working yourself sick... telling them you cannot possibly do 3 peoples' work, demanding they give you some prioritisation or authority to do it.

You might say "it's not possible, I WILL quit unless it's resolved" - getting serious is sometimes the push they need to respond. It doesn't sound liek you have too much to lose so you might as well try. I'd think it makes you more professional to have told them flatly the issues and that you aren't prepared to continue this way, before quitting (which does sound the likely outcome).

Leaving as has been said, is sometimes the best thing to do. Don't force yourself because it seems like failing if you quit, do what is best. Medical complications seem to make that fairly cut'n'dried from what you've said.

Good luck!