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Can I be sacked after 18 months?

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    Can I be sacked after 18 months?

    Hi, I have decided to join this board to seek some advice from fellow contractors on a sticky situation at work. I have been in post as a contract BA for 18 months. Decided to make the leap for all the usual reasons - mainly the six figure salary of course

    However, my boss is now trying to sack me, not even giving a reason. The project I was working on has come to an end but surely this would be a redundancy situation?

    I know that it used to be the case that you could dismiss someone in the first 12 months of their employment without giving a reason, but I remember reading recently that the government was going to change this to 24 months. Has this rule come into force yet? The way I see it - if that rule has come in, then fair enough I don't have a leg to stand on - but if it is still 12 months then surely they have to make reasonable efforts to redeploy me elsewhere in the company?
    Last edited by BusinessAnalyst2012; 24 June 2012, 01:02.

    #2
    What does your contract say? There are normally terms for the notice periods to be given by either party.

    If the project has finished, it would not be unusual for the client to terminate a contract, and no it would not be a case for redundancy.

    Comment


      #3
      You are about as much a contractor as I am a blue arsed baboon.

      Originally posted by BusinessAnalyst2012 View Post
      Hi, I have decided to join this board to seek some advice from fellow contractors on a sticky situation at work. I have been in post as a contract BA for 18 months. Decided to make the leap for all the usual reasons - mainly the six figure salary of course
      You are not at work, you are at a clients fulfilling your contract
      You are not in a post you are delivering a service
      You do not ******* earn a 6 figure salary!!

      However, my boss is now trying to sack me, not even giving a reason. The project I was working on has come to an end but surely this would be a redundancy situation?
      He is NOT your boss. He is your client
      He is not trying to sack you he is going to terminate you
      Redundancy?? I ******* give up.


      I know that it used to be the case that you could dismiss someone in the first 12 months of their employment without giving a reason, but I remember reading recently that the government was going to change this to 24 months. Has this rule come into force yet? The way I see it - if that rule has come in, then fair enough I don't have a leg to stand on - but if it is now 24 months then surely they have to make reasonable efforts to redeploy me elsewhere in the company?
      You are not in employment...
      Oh... I give up. I cannot bold the next 4 lines of utter crap.

      You are NOT a contractor. You are a hidden permie. I hope to god you are with an umbrella as you are so for inside Ir35 it is not true. You can kiss your 6 figure 'salary' goodbye... you do know what IR35 is right???

      You need to leave this gig and go back permie. You haven't grasped even the basics of contracting and you are a hidden permie with a world of problems because I can bet your accounting as all wrong due to you being inside IR35.

      And just for your information, now the work has run out, you do not get paid. Period. It doesn't matter what strange world you live on but redundancy, notice, employment laws do not apply to you any more. You get paid to do a days work. If there is no work you don't get paid. The client is under no obligation to give you work and therefor not pay you. Sorry, its a tough life contracting but that is the way it is.

      Welcome to the bench........while you are there read the guides for newbie to the right and then re-read your post
      Last edited by northernladuk; 23 June 2012, 22:22.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #4
        Just thinking about this? Where you are working on this contract wouldn't happen to be your old employer from when you were permanent would it?
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          WNLS.

          1) This is a troll post
          2) If it aint a troll post, then you have no idea what contracting is about
          3) See 1
          What happens in General, stays in General.
          You know what they say about assumptions!

          Comment


            #6
            Originally posted by BusinessAnalyst2012 View Post
            Hi, I have decided to join this board to seek some advice from fellow contractors on a sticky situation at work. I have been in post as a contract BA for 18 months. Decided to make the leap for all the usual reasons - mainly the six figure salary of course

            However, my boss is now trying to sack me, not even giving a reason. The project I was working on has come to an end but surely this would be a redundancy situation?

            I know that it used to be the case that you could dismiss someone in the first 12 months of their employment without giving a reason, but I remember reading recently that the government was going to change this to 24 months. Has this rule come into force yet? The way I see it - if that rule has come in, then fair enough I don't have a leg to stand on - but if it is now 24 months then surely they have to make reasonable efforts to redeploy me elsewhere in the company?
            "Redundancy"? "Employment"? "Boss"?

            I'm sorry if it's news to you, but if any of these terms actually apply to your situation, you are not a Contractor.

            Comment


              #7
              I will take a look at the links you have mentioned, but as far as I am concerned they cannot use the fact I am a contractor to sidestep their obligations under the law as far as redundancy payments etc are concerned. There is also a discrimation question here as far as I can see because surely it is discrimination to treat me differently to the permanent employees on the project, who have all been redeployed elsewhere in the company or to other projects.

              And to answer Northern Lad's question - no my current employer was not my employer when I was a permie.

              Comment


                #8
                Originally posted by BusinessAnalyst2012 View Post
                I will take a look at the links you have mentioned, but as far as I am concerned they cannot use the fact I am a contractor to sidestep their obligations under the law as far as redundancy payments etc are concerned. There is also a discrimation question here as far as I can see because surely it is discrimination to treat me differently to the permanent employees on the project, who have all been redeployed elsewhere in the company or to other projects.

                And to answer Northern Lad's question - no my current employer was not my employer when I was a permie.
                Just to clarify, you're not on one of these 'fixed term contracts' where you get holiday pay/sick pay etc? That's a bit different to being a contractor. However, even in that situation, you're not entitled to redundancy pay unless you've been there two years.

                If you're a contractor in the traditional sense, contracting through a limited company or an umbrella, you're not an employee of the end client, so have no employee rights.
                Last edited by mudskipper; 24 June 2012, 05:30.

                Comment


                  #9
                  There is no question of discrimination. If you are a traditional contractor, there are NO employee benefits. That is why you have been paid a "6 figure salary"
                  You are a supplier and once your services are no longer required the client can and will terminate the contract.

                  Also if you read the guides, you will understand why being "redeployed" is a bad thing.

                  Comment


                    #10
                    I agree that this is either a troll post or the guy has not read a single thread or first timers guide on this board.

                    WEveryoneS
                    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                    - Voltaire/Benjamin Franklin/Anne Frank...

                    Comment

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