Regarding being replaced by a permie

[fullyautomatix]

Here's a question that you can't really google (pun intended),

When you're in the position where the client is looking to replace you with a permie, is the client open and honest with you and tell you that that's what they're doing, or do they do it 'behind your back' and simply give you notice when they've hired someone?

P

No clue what the answer is to your question but what pun did you intend there ?

[Peter Loew]

No clue what the answer is to your question but what pun did you intend there ?

Because in another thread there was moaning about doing research before posting.

[Peter Loew]

And so it has come to pass, I just woke up to a 1 week's notice email, except they want me in for another 1.5/2 days (it's a p/t contract).

However:

1) No word from the agency
2) I am on a 2 week notice period, not 1 week
3) The contract does not stipulate our verbal agreement of 3 days per week, the schedule simply says my rate for an 8-hour day

I have sent an email over to the agency asking them to clarify. But I am not very happy with the client asking me to simply to 1.5/2 extra days for the handover then sending me off.

Am I right in saying that a 2 week notice period means I can in all fairness charge them for an extra 6 days as I've never worked less than 3?

Any advice here would be great.

Thanks,

P

[BrilloPad]

Am I right in saying that a 2 week notice period means I can in all fairness charge them for an extra 6 days as I've never worked less than 3?

Any advice here would be great.

Thanks,

P

Are they under obligation to provide you with work? If so its a very bad IR35 pointer.

Of course you can charge all you want - will they actually pay it? If they dont is it worth suing over a small amount?

Personally I would charge all I can - but in my mind write it off and look round elsewhere.

[Wanderer]

Am I right in saying that a 2 week notice period means I can in all fairness charge them for an extra 6 days as I've never worked less than 3?

That would be my reading of it and that's what I'd be inclined to do but the consensus here seems to be that it's bad IR35 voodoo to get paid for ANY notice period and you should walk away.

You need to ask yourself if it's worth making a fuss over though. A bit of goodwill now might keep you in good stead for a follow-up contract (or it could mark you out as someone who can be pushed around contractually). I would probably go for the polite but firm email pointing out the contractual obligations to the client to keep it professional looking, even if I were to waive my notice for this one.

[BlasterBates]

As your still employed and potentially doing something useful I would definitely pressure the agency to keep to the notice period, i.e. persuade the agency or client to work through your notice, to avoid a legal dispute. Worth a call to the agency and a chat with the client. Also check listen to their arguments, if they're very clear and point to some paragraph in the contract will give you an idea of the strength or weakness of your position.

[dynamicsaxcontractor]

Here's a question that you can't really google (pun intended),

When you're in the position where the client is looking to replace you with a permie, is the client open and honest with you and tell you that that's what they're doing, or do they do it 'behind your back' and simply give you notice when they've hired someone?

P

Never mind getting replaced by a permie, but also been asked to train the replacement..... This one week after being asked to go perm for a stupid low salary, oh well how do you keep yourself from laughing when client manager is dead serious when asking about taking a 70% wage cut?

[GillsMan]

I develop learning applications (e-learning modules, e-Tip Sheets, e-flow charts, etc), and at my current ClientCo, who I enjoy working with, I actually said to them recently that they should consider getting a permie in before the end of my contract so that I could give them some Instructional Design training, etc, and so that my good work would be continued! I explained that I'd seen it at previous clients that I come in, create a load of good stuff, leave and then no-one continues my work.

Their response?

They'd like me to consider a supplier arrangement after my contract whereby they come to me with learning application requests, I quote, I deliver, they pay. Fixed price work, no agency, no coming into the office. Ching ching!.

[JamJarST]

And so it has come to pass, I just woke up to a 1 week's notice email, except they want me in for another 1.5/2 days (it's a p/t contract).

However:

1) No word from the agency
2) I am on a 2 week notice period, not 1 week
3) The contract does not stipulate our verbal agreement of 3 days per week, the schedule simply says my rate for an 8-hour day

I have sent an email over to the agency asking them to clarify. But I am not very happy with the client asking me to simply to 1.5/2 extra days for the handover then sending me off.

Am I right in saying that a 2 week notice period means I can in all fairness charge them for an extra 6 days as I've never worked less than 3?

Any advice here would be great.

Thanks,

P

We get these questions all the time. You can try to push for the notice terms but it really is an IR35 no no. On a personal note, if you wanted job security, why did you go into contracting?

[Antman]

I develop learning applications (e-learning modules, e-Tip Sheets, e-flow charts, etc), and at my current ClientCo, who I enjoy working with, I actually said to them recently that they should consider getting a permie in before the end of my contract so that I could give them some Instructional Design training, etc, and so that my good work would be continued! I explained that I'd seen it at previous clients that I come in, create a load of good stuff, leave and then no-one continues my work.

Their response?

They'd like me to consider a supplier arrangement after my contract whereby they come to me with learning application requests, I quote, I deliver, they pay. Fixed price work, no agency, no coming into the office. Ching ching!.

Sweeeet!