Reply to: Breach of contract? Urgent advice needed

[northernladyuk]

If it was a rate cut too I'd be out of there.
If it was a decent rate for a more junior position then Id stay and look for something else.

You're never going to win the argument though. If a permie kicks off and moans about a contractor then you're never going to win even if you're right.

If you are valued you are. I have had a senior permie try to get my contract terminated after I was caught out saying something indiscreet but not really damaging about said permie (my bad). Permie went over the top and ended up on a disciplinary. I got a renewal.

[DaveB]

Jump! Jump!

You're not going to win here - so best to calmly make your exit on your terms.

"It appears there has been some confusion surrounding what I've been hired to do, and at what level. I recommend that you seek a contractor better suited to your requirements."

No need to be nasty or pissy - but, at the end of the day, the role is not what was sold AND (Crucially, because the first bit is often workable) you're now embroiled in some pretty horrendous politics. Get out, get out now before you're stitched up.

I'm in a role where it turns out I'm technically junior to someone, but a) I negotiated an above market rate and b) On the first day the senior chap said "Really glad to get someone so experienced - I'd like you to look at $x as you seem to have a lot of knowledge there and I'm a bit stuck". Instant good signs.

This +1.

You are on a hiding to nothing, exit gracefully before you are booted.

[SueEllen]

As a contractor your company is providing services to your client, so you personally cannot have a "job title" as you do not have a "job" within your clients organisation. Your company is not supplying labour to your client, it is providing services. When dealing with agents etc, most will give a job title as a useful way to describe the work that is required but after this point you should pretty much ignore it. Use whatever title your client wants you to use (within reason of course, if they start calling you tuliphead and want you to use that title in your emails you should refuse).

[breaktwister]

As a contractor your company is providing services to your client, so you personally cannot have a "job title" as you do not have a "job" within your clients organisation. Your company is not supplying labour to your client, it is providing services. When dealing with agents etc, most will give a job title as a useful way to describe the work that is required but after this point you should pretty much ignore it. Use whatever title your client wants you to use (within reason of course, if they start calling you tuliphead and want you to use that title in your emails you should refuse).

[LondonManc]

Got in trouble, quite rightly, for being moody and drunk after the night out last night LM

Luckily all goods with the world now, as I have a fry up in front of me

You get moody after drinking? Who'd have thought it, never seen it before.
You get away with it when MrsMMM has been drinking as well though. Unlucky

[MrMarkyMark]

Not another bus lane fine?

Got in trouble, quite rightly, for being moody and drunk after the night out last night LM

Luckily all goods with the world now, as I have a fry up in front of me

[vwdan]

Jump! Jump!

You're not going to win here - so best to calmly make your exit on your terms.

"It appears there has been some confusion surrounding what I've been hired to do, and at what level. I recommend that you seek a contractor better suited to your requirements."

No need to be nasty or pissy - but, at the end of the day, the role is not what was sold AND (Crucially, because the first bit is often workable) you're now embroiled in some pretty horrendous politics. Get out, get out now before you're stitched up.

I'm in a role where it turns out I'm technically junior to someone, but a) I negotiated an above market rate and b) On the first day the senior chap said "Really glad to get someone so experienced - I'd like you to look at $x as you seem to have a lot of knowledge there and I'm a bit stuck". Instant good signs.

[Lance]

Oddly loads of people in the PS particularly the NHS are also not aware of this.

In short as a contractor you don't want to be a manager of people.

It's a good point but 'head of' doesn't necessarily mean 'manger of people'.

[LondonManc]

I wouldn't have put it quite as succinctly as that

Trying not to post too much today. Got a grump on.

Not another bus lane fine?

[jmo21]

Sounds like a tulip show waiting to happen (which admittedly can often be good for contractors!)

How it happened is irrelevant now. Sounds like the employee has moaned to the Director "I can do that role, it shouldn't be done by a contractor" or whatever, and the Director has agreed.

It hasn't been very professionally handled, but it is what it is, there is nothing you can do.

You either accept, or are terminated. You are a business now, not an employee.

How you handle it now is up to you. Try and kick up a stink, and they will terminate your contract.

[SlipTheJab]

I wouldn't have put it quite as succinctly as that

Trying not to post too much today. Got a grump on.

Just the 500 posts today then

[northernladuk]

No you wouldn't. You'd post repeatedly on here about how all clients take the piss and treat contractors badly, how exploited we all are because all clients do this. And then you'd stay there until the client bins you off at the end of the contract.

The only surprise in this is that NLUK hasn't already posted something similar to me yet

I wouldn't have put it quite as succinctly as that

Trying not to post too much today. Got a grump on.

[RonBW]

If it was a rate cut too I'd be out of there.
If it was a decent rate for a more junior position then Id stay and look for something else.

No you wouldn't. You'd post repeatedly on here about how all clients take the piss and treat contractors badly, how exploited we all are because all clients do this. And then you'd stay there until the client bins you off at the end of the contract.

The only surprise in this is that NLUK hasn't already posted something similar to me yet

[SueEllen]

Hi, the first thing to sort out is the fact that if you are in a head of position then you are caught inside IR35 by an amendment a few years back. However, if you are now no longer managing people you may not be in that position and need a new contract.

Second point where did the other chap come from? does he actually have the authority to make the change? Personally if you are the head of the department it should be possible for you to find something real tulip for them to waist a year of their lives not accomplishing...

Oddly loads of people in the PS particularly the NHS are also not aware of this.

In short as a contractor you don't want to be a manager of people.

[MrMarkyMark]

Hi, the first thing to sort out is the fact that if you are in a head of position then you are caught inside IR35 by an amendment a few years back. However, if you are now no longer managing people you may not be in that position and need a new contract.

Second point where did the other chap come from? does he actually have the authority to make the change? Personally if you are the head of the department it should be possible for you to find something real tulip for them to waist a year of their lives not accomplishing...

Absolutely this.