Originally posted by LondonManc
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Honesty/Integrity best policy with agents/clients? Umm nope
Collapse
X
Collapse
-
-
Originally posted by VillageContractor View PostMy thoughts exactly - or he sends in a substitute(assuming his contract allows it)The greatest trick the devil ever pulled was convincing the world that he didn't existComment
-
Originally posted by LondonManc View PostIn theory, then, PC is in the same position as a client not being obliged to offer work; that is, he's not obliged to accept the work offered, no? Probably something that can only be done if you don't intend working somewhere again.
Whilst he's in contract he is obliged to do the work the client gives him as per the schedule (if there is some available) and they are obliged to pay him for it. It's very complicated and I am sure someone will correct me with some detail but obligations withing the contract are different to just accepting or giving work as you are pointing out.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by northernladuk View PostNo. You are taking about MoO (or lack of) which covers work outside the current scope of what is agreed. The fact PC is a bum on seat and doing anything the client asks him then that horse has bolted.
Whilst he's in contract he is obliged to do the work the client gives him as per the schedule (if there is some available) and they are obliged to pay him for it. It's very complicated and I am sure someone will correct me with some detail but obligations withing the contract are different to just accepting or giving work as you are pointing out.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
-
Originally posted by LondonManc View PostIf he's been there a while, his schedule of work may well have expired and the work been completed. While he's probably full gaping goatse (don't google that at work kids) in respect to IR35, that would surely conversely mean that the original schedule of work has been discharged and he's now a T&M whore?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Originally posted by northernladuk View PostPossibly but because he's become part and parcel and shown D&C his stuffed himself to the point he can no longer use that argument. You can't ride roughshod over your agreement and then come back and point out technicalities. He's proved his obligation via his working practices which trump his contract I'd say but it's far too complicated really.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
-
Originally posted by northernladuk View PostNo. You are taking about MoO (or lack of) which covers work outside the current scope of what is agreed. The fact PC is a bum on seat and doing anything the client asks him then that horse has bolted.
Whilst he's in contract he is obliged to do the work the client gives him as per the schedule (if there is some available) and they are obliged to pay him for it. It's very complicated and I am sure someone will correct me with some detail but obligations withing the contract are different to just accepting or giving work as you are pointing out.
There is, it appears, a mutality of obligation withing the contract. Without it there can't be a contract. That would be the the client needs work for which they will pay. The contractor does the work for the pay. Whilst the client is offering I'd say the contractor is obliged to carry it out. The not offering work is part of the T&M way we work so different to the obligation to actually offer the day.
Interesting article here, which probably muddies it even more than clears it up to be honest.
10 key facts about English contract law | SEQ Legal
Privity of Contract
It is important to remember only the parties to the contract may enforce the terms of the agreement. So for example if Mrs Smith promises to deliver a chair to Mr Jones’ office for £100, which will be paid on delivery, Mrs Smith must deliver the chair on the agreed terms. Mr Johnson, Mr Jones’ employee, who is to sit on the chair cannot sue Mrs Smith if she fails to deliver. Only Mr Jones could sue Mrs Smith for not delivering the chair.
2) Consideration
Contracts must contain mutual promises, or obligations, between the parties making the agreement. For example in return for Mrs Smith delivering the chair Mr Jones agrees to pay £100 on delivery. The obligation is the delivery of the chair and the consideration is the £100. If there is no mutual obligation then there is no contract. .
Or have I taken this so far out of context it's meaningless and I'm just thrashing about in the dark?
Interesting stuff either way.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Yep, it's important to cut through the differences between contractual obligations and tax positions. PC appears to be balls deep in IR35 that's for sure.
Quite what his contract says about having to attend is the key to all this. With hindsight, claiming he was going on holiday for the last two weeks of the gig and therefore unavailable would have been better.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
-
Originally posted by LondonManc View PostQuite what his contract says about having to attend is the key to all this. With hindsight, claiming he was going on holiday for the last two weeks of the gig and therefore unavailable would have been better.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
-
Sorry to hear it's all going to tulip. It's always nice to try and end things amicably but sometimes it just doesn't work out that way.Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment