Reply to: Being fired as an IT Contractor

[b0redom]

The last sentence in the post above is rubbish. There are three defences to IR35 and you only need one.

Fair enough in principle, but I personally, don't know anyone who's ever had a client accept a subbie - although to be fair, I've not actually tried myself, and D&C is a very grey area.

[rowley birkin qc]

well godwins law seems well on its way to being realised on this thread

[TheCyclingProgrammer]

The last sentence in the post above is rubbish. There are three defences to IR35 and you only need one.

[b0redom]

All of the background is just noise.

The bottom line is that as contractors we have NO enforcable notice period. At all. For whatever reason.

If you go into work on Monday, the end client is well within their rights contractually to say. No more work don't come in tomorrow and not pay you regardless of whatever notice period is in your contract.

It's unlikely that will happen, but it does. You can chance your arm and ask to be paid the 4 week notice period in your contract, but you will have a no work, no fee clause in your contract. If you don't you're a defacto permie and IR35 caught.

[centurian]

and while some of the work naturally occurred during office hours this did not affect the work i was doing for company XYZ.

In the past when I have had a main and side contract, I was ultra careful to make sure that I wasn't even taking calls during "office hours".

Sorry, but the fact you can't understand what you did wrong - mostly explains why you find yourself in this situation in the first place.

[BlasterBates]

Working for another customer or company whilst being paid by the hour is not acceptable, though there is no harm in taking the odd phone call, but a good idea is to exit the office when you do take a phone call.

[pr1]

if you're gonna double book your time OP, do it from home ffs...

[northernladuk]

ok, interesting:
the contract does state that but, if anything, the project had just gone up a gear. i think they would find it hard to argue that (if they even need to)

That is irrelevant. You've been brought in to do a piece of work. They've withdrawn that work. You're done. The bigger project is clients business not yours.

there is, though my performance was solid, hence being renewed half a dozen times and never having my work questioned (by anyone, ever)

Your performance as a supplier is the problem. Doing side projects on site isn't acceptable performance from a supplier. You need to stop thinking like a permie and think like a supplier. You're done.

it seems like the summary is that as the contract did not come to an end, my performance was acceptable, and assuming that i can make a case to that effect then the consultancy are in breach of contract

Nope. Doing side projects is understandably unacceptable to your client as I am sure many would agree. There is no argument there. I don't get why you can't see that. You,. As a supplier, have acted inappropriately and you've been finished because of it. Seems pretty straight forward.

[Lance]

Did you get a signed time sheet for the 4 weeks? If so just invoice the agency. Don't get legal until they refuse to pay. They can't 'fire' you but they can serve notice as per the contract. This should be very simple and is unlikely to ever reach court.

[VectraMan]

WSSS.

If you were billing for hours that you weren't actually doing because you were working on your own projects then they probably have good case in calling that gross misconduct. In reality that depends on whether they want to make an issue of it but it seems they do.

As for notice that depends how much you want to fight it. Maybe you have a case.

[rowley birkin qc]

heh, cheers fellas

[BrilloPad]

Suppose you had a case. Which you don't. But lets suppose you did. It is worth the aggro of a legal fight?

Get another gig, keep working on side contract. And follow the 11th commandment "thou shall not get caught".

[Cirrus]

and while some of the work naturally occurred during office hours this did not affect the work i was doing for company XYZ.

How's that work then ??

You're paid to be a bum on a seat. You're paid to do stuff - whatever's required. Forget all the "I'm a limited company" nonsense. It's a sham.

If you're coming into work, charging for being there, but actually doing stuff for another client, then that's slam-dunk sackable.

It may not be 'legal' in terms of the written contracts, but that's neither here nor there. You're not going to win that one.

[SueEllen]

Fine OP - get legal advice from a lawyer and take consultancy to court for your 4 weeks.

[SussexSeagull]

All well and good but it wasn't a great move to let people notice you were working on side projects while they were expecting 100% of your attention.