Contract going past end date

**pmeswani** · 6 January 2012, 16:07

Originally posted by jonnybrussell View Post

i work as a contractor, the company employing me had not issued a full contract since march with only an email in august to say the contract had been extended to the end of september (no contract was received) how ever they kept me employed until the end of November.

My contract was for a guaranteed minimum of 15 days work per month, however on january 3rd they have told me they will not pay the 15 days for December (there was no actual work although they suggested their would be).

I was of the impression that the contract/agreement was still running as i had received no official notice that it was being terminated or that a new end date had been reached.

Can i assume the contract was still in place because they kept me employed well beyond the last specified end date (30th September 2011)?

The only thing you should assume is what you have confirmed in writing. So if you don't have anything in writing, you cannot assume that your contract has been extended. If you decide to go onsite without a contract, the liability is yours. The client can effectively sue you for damage to their systems, even if you haven't done any harm, and your insurance policy won't cover you.

**northernladuk** · 6 January 2012, 16:08

Originally posted by jonnybrussell View Post

i work as a contractor,

Hmmm

the company employing me had not issued a full contract since march with only an email in august to say the contract had been extended to the end of september (no contract was received) how ever they kept me employed until the end of November.

They do not employ you. Refer to my first quote.

Technically the email will constitute as agreement and the fact they are happy you are on site means you have an implied contract on the same terms as the last one seen.

Saying that you not making sure they give you one in that length of time is very silly.

My contract was for a guaranteed minimum of 15 days work per month, however on january 3rd they have told me they will not pay the 15 days for December (there was no actual work although they suggested their would be).

Guaranteed amout of work? I guess you are inside IR35 or brolly..or in trouble?

So you are complaining they will not pay you 15 days for doing no work?

I was of the impression that the contract/agreement was still running as i had received no official notice that it was being terminated or that a new end date had been reached.

Can i assume the contract was still in place because they kept me employed well beyond the last specified end date (30th September 2011)?

Yes you can assume it is in place due to the email and implied contract but not having a signed copy will put you in a very difficult situation.

Also having a contract with gauranteed time is pretty rare and you need to read it very carefully. Check if it has an Mutualitiy Of Obligation section that says something about the client are not obliged to give you work and you are not obliged to take it. Most decent contracts should have this.

Whatever is in your contract if your client doesn't want to pay you are in a difficult position. The only way to get the money out of him is to threaten with legal action and if that doesn't work take it. This could be long and costly and in most cases we don't. The norm is not paying notice period though. This one might be different due to this gauranteed work clause.

Are you with Umbrella or Limited?

**jonnybrussell** · 6 January 2012, 16:23

i am in a partnership.

the offer of 15 days guaranteed work came about because they wanted to make sure they maintained my services even when there wasnt any work. The work was generally short term projects (2 to 4 weeks) and they were finding it difficult to keep or even employ contractors because they were only looking at such short term projects and only getting paid for days worked.

I was offered the guaranteed days on a reduced daily rate. I realise now that not a specific extension and end date was idiotic - its the last time i am trusting !!!

However they have even admitted that they were expecting work for december which is probably why they want to make sure i was available - however now that the work didnt materialise in December they dont want to stick to the terms of the contract.

**jonnybrussell** · 6 January 2012, 16:30

i am in a partnership.

the offer of 15 days guaranteed work came about because they wanted to make sure they maintained my services even when there wasnt any work. The work was generally short term projects (2 to 4 weeks) and they were finding it difficult to keep or even employ contractors because they were only looking at such short term projects and only getting paid for days worked.

I was offered the guaranteed days on a reduced daily rate. I realise now that not getting a specific extension and end date was idiotic - its the last time i am trusting !!!

However they have even admitted that they were expecting work for december which is probably why they want to make sure i was available - however now that the work didnt materialise in December they dont want to stick to the terms of the contract.

**SimonMac** · 6 January 2012, 16:30

For the 15 days you billed but did no work, were you on site?

**northernladuk** · 6 January 2012, 16:34

Are you expecting any more work from them?

**jonnybrussell** · 6 January 2012, 16:35

Originally posted by SimonMac View Post

For the 15 days you billed but did no work, were you on site?

its hard to say i was 'on site'

its telecoms and we travelled around various locations throughout europe for projects. So when you return after a project you return home there isnt really an 'on site'. However during that time i still did a few bit and pieces for them from home (as was the norm) i still had the full test kit which i didnt return till late december so they could prepare it for the next project in january

**jonnybrussell** · 6 January 2012, 16:36

Originally posted by northernladuk View Post

Are you expecting any more work from them?

not really, the absolute best i could hope for is 10 days at the end of january

**BolshieBastard** · 6 January 2012, 16:37

Originally posted by jonnybrussell View Post

i work as a contractor, the company employing me had not issued a full contract since march with only an email in august to say the contract had been extended to the end of september (no contract was received) how ever they kept me employed until the end of November.

My contract was for a guaranteed minimum of 15 days work per month, however on january 3rd they have told me they will not pay the 15 days for December (there was no actual work although they suggested their would be).

I was of the impression that the contract/agreement was still running as i had received no official notice that it was being terminated or that a new end date had been reached.

Can i assume the contract was still in place because they kept me employed well beyond the last specified end date (30th September 2011)?

Oh dear.

Originally posted by SimonMac View Post

For the 15 days you billed but did no work, were you on site?

Between you and me, my last contract had periods like this, on site, no 'work' to do. I still billed and they still paid.

For the benefit of any HMRC trolls through, I just made that up

Contract going past end date