Fixed Term (No Notice) from the Contractor

[Carp3Di3m]

I started a new role which was advertised as an IT engineering role but now is to be a support/implementation role. And during the whole interview process the hiring manger forgot to mention that I would be on call every 4-5 weeks.

It's a 6 month contrat and I am just one month in.

[northernladuk]

What does your contract say? You did get one and you did read it yes?

[escapeUK]

I started a new role which was advertised as an IT engineering role but now is to be a support/implementation role. And during the whole interview process the hiring manger forgot to mention that I would be on call every 4-5 weeks.

It's a 6 month contrat and I am just one month in.

That's all very interesting, but what's your question?

[MarillionFan]

What does your contract say? You did get one and you did read it yes?

WHS. what's in the contract and statement of requirements. If it ain't in the contract, you don't do it unless you want to. And if it's a pain then your ask for more money and a change to the contract.

[Carp3Di3m]

Yes I did read the contract and I knew that I didn't have a notice. But like many other contractors reading the contract doesn't mean we understand it well.

It is not stated anywhere in the contract regarding on call work.

What I found was

will undertake all tasks reasonably requested by the Client in relation to the Services;

My problem is that the job description was completely different as the role now is. It was advertised as a project oriented role with some implementation work.

The last month I copied and pasted changes and followed instructions from word documents how to do specific changes. And there are no projects within this team and on call means support work out of hours.

Do I have any options to get out of a fixed term contract like this when I was mislead during the interview process?

[FarmerPalmer]

What are the deliverables / services specified in the contract ?

IF these vary from those requested from the client, AND there is no mutality of obligation THEN your company can refuse to offer the service.

[cojak]

Easy, don't do any work not stipulated in the contract. And unpaid callout is NOT reasonable.

They'll get rid of you quick enough then.

[BolshieBastard]

Yes I did read the contract and I knew that I didn't have a notice. But like many other contractors reading the contract doesn't mean we understand it well.

It is not stated anywhere in the contract regarding on call work.

What I found was

will undertake all tasks reasonably requested by the Client in relation to the Services;

My problem is that the job description was completely different as the role now is. It was advertised as a project oriented role with some implementation work.

The last month I copied and pasted changes and followed instructions from word documents how to do specific changes. And there are no projects within this team and on call means support work out of hours.

Do I have any options to get out of a fixed term contract like this when I was mislead during the interview process?

This is why you should pay just under £200 to get someone like Bauer & Cottrell to review it and negotiate on your behalf

I'd just tell the manager the role you interviewed for and contract you have do not support the manager's position so you wont do it (always pressuming this is you default position).

Be prepared to have the contract terminated though.

[Carp3Di3m]

I did got it reviewed but only for ir35.

The contract specifies

Scope of Services* As set out in Schedule 1


The page with schedule 1 is empty.

And the page comes after my signature.

Be prepared to have the contract terminated though.

That's what I am hoping for. I wanted out of this role since they showed me what they do and that on call is required. Which was on the 3rd day.

[norrahe]

Easy, don't do any work not stipulated in the contract. And unpaid callout is NOT reasonable.

They'll get rid of you quick enough then.

WCJS

Next time get the contract reviewed thoroughly!