Contractors unfair dismissal rights after 12 months?

**malvolio** · 14 July 2007, 17:39

a.k.a. Dacas

Interesting case that hasn't really bottomed out yet. One day, clients will twig that the core effect of Dacas is that any kind of a contract - especially a deliberately-IR35-caught one - that is not a pure B2B one leaves them wide open to employment claims.

Perhaps someone should tell Ajilon, Reed, S3 and the rest before they get sued in turn for breach of contract: they are selling their stupid contracts to Human Remains on the basis that being IR35-caught there will be no tax or employment come-back on the client. Yeah, right...

**Diver** · 14 July 2007, 19:28

This could open a whole nest of worms for clients.
Next thing it will be Holiday entitlements and paid maternity leave etc.

**thunderlizard** · 14 July 2007, 21:51

I don't see how this could apply to anything other than those vague, rolling contract thingies. Surely if both parties agree that the arrangement will only last 12 months, then call it a day after 12 months as planned, that can't be called 'unfair'.

**Diver** · 14 July 2007, 22:30

Originally posted by thunderlizard

I don't see how this could apply to anything other than those vague, rolling contract thingies. Surely if both parties agree that the arrangement will only last 12 months, then call it a day after 12 months as planned, that can't be called 'unfair'.

Are clients going to doublethink about extending at or near the 12 month mark or just drop the contractor like a hot potato (I would).

**malvolio** · 15 July 2007, 00:17

If you are able to claim employment rights after 12 months and one day, using the same contractual terms, then you can claim them after 12 months less one day, or after 6 months, or the day after you start. So why is 12 months some kind of magic number...?

Check the sig, it's there for a reason.

**ChimpMaster** · 17 July 2007, 11:36

My current client (where I have been assigned for ... ahem ... some time now) has recently made all contractors sign a form to say that we are not entitled to any of these "employment rights".

HR actually went running around the building speaking to each contractor individually to make sure they signed up.

**ASB** · 17 July 2007, 11:49

Originally posted by TazMaN

My current client (where I have been assigned for ... ahem ... some time now) has recently made all contractors sign a form to say that we are not entitled to any of these "employment rights".

HR actually went running around the building speaking to each contractor individually to make sure they signed up.

Good old HR. Absolute utter and total waste of time. Either you are entitled to them - by virtue of being an actual employee or you are not. Because you are not an actual employee. In the case of the former you cannot sign them away.

**ChimpMaster** · 17 July 2007, 12:01

Originally posted by ASB

Good old HR. Absolute utter and total waste of time. Either you are entitled to them - by virtue of being an actual employee or you are not. Because you are not an actual employee. In the case of the former you cannot sign them away.

Exactly - by being a contractor I neither expect nor deserve permie rights, and I sure as hell don't want them anyway.

I can't understand contractors who think they're entitled to them.

Can't blame HR entirely tho -- it's more the usual wishy-washy nature of UK law causing uncertainty again.

Contractors unfair dismissal rights after 12 months?