Unfair termination of contract

**stek** · 12 January 2014, 23:39

Originally posted by kesm View Post

Hi all,

I have been given notice on my contract. The reason being is that my indirect manager thought I was saying bad things about her (not true) and secondly once she found out my daily rate wanted to get rid of me (jealousy cause we are the same age and she is earning a fraction of what I am earning).
So the reason she presented to me was that her boss wanted different skilled Project Managers to myself. However, I do have the skills that she said her boss wanted.
So once my stakeholders found out that I will be leaving, they emailed her manager, praising me and asking for me to stay on.
Interestingly I have been contracting with the same company for more than 2 years now. One of my stakeholders told me that because I have been with the company for more than 2 years, I receive permanent employee rights, which means i can go to tribunal.
Does anyone know how, and if I can go to tribunal for unfair dismissal?

No

**DaveB** · 12 January 2014, 23:48

Originally posted by kesm View Post

Hi all,

I have been given notice on my contract. The reason being is that my indirect manager thought I was saying bad things about her (not true) and secondly once she found out my daily rate wanted to get rid of me (jealousy cause we are the same age and she is earning a fraction of what I am earning).
So the reason she presented to me was that her boss wanted different skilled Project Managers to myself. However, I do have the skills that she said her boss wanted.
So once my stakeholders found out that I will be leaving, they emailed her manager, praising me and asking for me to stay on.
Interestingly I have been contracting with the same company for more than 2 years now. One of my stakeholders told me that because I have been with the company for more than 2 years, I receive permanent employee rights, which means i can go to tribunal.
Does anyone know how, and if I can go to tribunal for unfair dismissal?

No. As a contractor you are employed by your ltd company or Umbrella to provide services to the end client. Any employment rights you have are with your Ltd or the umbrella co. not the client.

The two year statement is a red herring as it would only be applicable if you had been taken on directly by the client as a temporary employee on their payroll.

It's a fact of life as a contractor that these things can happen. Chalk it up to experience and move on if thats they way it goes. If you're lucky other client management may use influence to keep you on but I wouldn't count on it.

**TykeMerc** · 12 January 2014, 23:56

Originally posted by kesm View Post

Interestingly I have been contracting with the same company for more than 2 years now. One of my stakeholders told me that because I have been with the company for more than 2 years, I receive permanent employee rights, which means i can go to tribunal.
Does anyone know how, and if I can go to tribunal for unfair dismissal?

I guess that would depend just how you've been contracting there. If you've been hired as a temp on a payroll rather than on contract then you might have a case, but if you're on a fairly standard contract an are going through a MyCo Ltd or an Umbrella then emphatically NO.
In either of those cases you're already an employee of a company and you're not even contracted direct to the end client, but to the agency that placed you there.

The 2 years = employment rights thing is an urban myth that some companies HR departments spread about when it comes to contractor resources, it may be applicable to a temp, but I don't know for sure.

**northernladuk** · 13 January 2014, 00:24

Sorry but I bloody hate posts like this. Contractor been with the company a long time and expects the same rights as permies. It's disgraceful. Gives us all a bad name.

If you want perm rights are you going to pay HMRC all its taxes back for the two years now have proven yourself to be a disguised permie?

**northernladuk** · 13 January 2014, 00:30

Here is the story of another contractor that tried claiming unfair dimissal....

http://www.contractoruk.com/news/00737.html

Be interesting to know if HMRC came after him after this.

**Wanderer** · 13 January 2014, 00:48

Originally posted by kesm View Post

Does anyone know how, and if I can go to tribunal for unfair dismissal?

Sounds like it was a good gig and it's over now which is pretty sad but you have to take it on the chin, smile and wave as you move on. Stay on good terms with everyone there because it's quite likely that you will get some more work come your way. Crying about your rights and threatening them with a tribunal isn't going to be helpful and it will destroy any goodwill you have created over the years.

Were you working outside IR35? If so, don't go on about permie employment rights.

Have a read of this post, especially item 12...

**psychocandy** · 13 January 2014, 08:27

Originally posted by northernladuk View Post

Here is the story of another contractor that tried claiming unfair dimissal....

Contractor loses EAT unfair dismissal appeal :: Contractor UK

Be interesting to know if HMRC came after him after this.

Thats just nuts. Everything in there seems to be standard contractor/agency/client deal yet hes trying to claim otherwise here.

I must admit I agree with NLUK here. You can't go for years paying less NI and tax when it suits you and then whinge when things go your way and claim employee status.

Pretty common name but I've got a feeling I might know this guy....

BTW. Its not me!

**Old Greg** · 13 January 2014, 08:43

Originally posted by northernladuk View Post

Sorry but I bloody hate posts like this. Contractor been with the company a long time and expects the same rights as permies. It's disgraceful. Gives us all a bad name.

If you want perm rights are you going to pay HMRC all its taxes back for the two years now have proven yourself to be a disguised permie?

No you don't. You love post like this.

**DirtyDog** · 13 January 2014, 09:32

Originally posted by kesm View Post

Does anyone know how, and if I can go to tribunal for unfair dismissal?

If you see yourself as an employee, then go for it.

Google is your friend here - the first result for "unfair dismissal tribunal" give your the government site - https://www.gov.uk/employment-tribun...yment-tribunal

Good luck!

Unfair termination of contract