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Reply to: Legal advice

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Previously on "Legal advice"

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  • northernladuk
    replied
    Originally posted by l35kee View Post
    It should cover this, according to https://www.ipse.co.uk/about-us/busi...ption-services

    All based on the assumption there was a contract in place..
    That's the one. I can't help think there is a reason he's been let go that doesn't satisfy that criteria but I'm making an assumption and we don't really know.

    Leave a comment:


  • l35kee
    replied
    Originally posted by northernladuk View Post
    Not so sure about that. That would be the Business Interruption option and I thought it would only pay out if they've breached contract or done something naughty. If they've not acted inappropriately I don't think it will cover expenses like this. If they've canned him on the spot and breached the notice clause it might but we've no information about that so far.
    It should cover this, according to https://www.ipse.co.uk/about-us/busi...ption-services

    All based on the assumption there was a contract in place..

    Originally posted by IPSE+
    1.3 Failure of the Agency to honour contractual arrangements

    IPSE’s policy allows a claim to be made on behalf of a IPSE Plus Member for a maximum of £1,000 in the following circumstances

    There is a written contract in place
    Where the contracted role is not as described by the Agency and/or contracted for by the member and the member’s contract is terminated by the Agency;
    The Agency terminates without the required notice period stated in the contract;
    The Contracted role does not exist or is withdrawn after contract is signed but before on-site date.
    In order for a claim to be made, the contractor must be able to show that the reason for the role being terminated is not as a result of the member’s own actions and the member must have made reasonable attempts to get written confirmation of termination; i.e. evidence that the contract has been incorrectly terminated.

    Leave a comment:


  • washed up contractor
    replied
    Originally posted by Caine View Post
    Hello everyone I have a issue and hope to get some sound advice as I have been pushed from post to pillar

    What is I have done work for a agency and I was told to come back the following so I booked hotel in advance and payed it today I went on site been told I was off hired on Friday but no one told me so now I am out of pocket for the hotel room I have said I want reimbursing as I should have been notified but the answer to that was we dont pay accommodation so they won't but I said if you had let me know I would have booked and payed for it in the first place I am LTD registered and find it hard to get legal advice anyone know or can help me as it's a lot of money to loose as a one man band
    Well none of us are legally qualified here (Im reasonably sure!) so you will not get 'legal advice.'

    The way you explain your situation is strange. Are you engaged via a weekly agreement or zero hours contract because that's what it sounds like. Most people here are engaged via a contract for a specific number of weeks ie 13 weeks, 26 weeks etc but even so, accommodation expenses is something the contractor is expected to pay themselves and not normally have the client re imburse these.

    The fact you booked accommodation in advance or on the presumption of working the following week and then finding out you were not needed is, very unfortunate.

    I dont think you have a cat in hell's chance of getting this cost back hence why you're being passed from pillar to post.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by l35kee View Post
    Depending on notice period, IPSE+ will have gotten you up to £1k back on this example I think? Would have helped with the hotel costs I guess.
    Not so sure about that. That would be the Business Interruption option and I thought it would only pay out if they've breached contract or done something naughty. If they've not acted inappropriately I don't think it will cover expenses like this. If they've canned him on the spot and breached the notice clause it might but we've no information about that so far.

    Leave a comment:


  • NotAllThere
    replied
    A few messages have been deleted as inappropriate for the professional forums.

    Leave a comment:


  • l35kee
    replied
    Depending on notice period, IPSE+ will have gotten you up to £1k back on this example I think? Would have helped with the hotel costs I guess.

    Leave a comment:


  • TheCyclingProgrammer
    replied
    Originally posted by northernladuk View Post
    That said.. Off hired. What on earth does that mean. Binned completely or just not needed for the day?
    Off hired = no longer needed. Though I've only ever heard the term used in relation to equipment, not people!

    Leave a comment:


  • northernladuk
    replied
    Not a chance of getting this back. Might have been a misunderstanding with the client but your living arrangements are nothing to do with them. It's unfortunate and very frustrating when it happens but it does from time to time. I can't believe the risk of getting binned trying to chase this at the beginning of a gig is worth it so I'd say suck it up as well.

    That said.. Off hired. What on earth does that mean. Binned completely or just not needed for the day?

    Maybe use spare time to go out and buy a keyboard with a working full stop key?
    Last edited by northernladuk; 29 August 2017, 11:46.

    Leave a comment:


  • cojak
    replied
    This is one of the risks of being a contractor, I'm afraid.

    Unless it's in your contract that you will get reimbursed for such a loss, you won't.

    Leave a comment:


  • TheCyclingProgrammer
    replied
    Unfortunately you'll have a hard time getting this back unless you had something in your contract to cover this situation.

    Leave a comment:


  • Lance
    replied
    I very much doubt you'll be able to get any money back on the hotel. If your contract has started, and you can get the client to sign a time sheet for your attendance then you'll get paid. The difficulty is that that if they genuinely weren't expecting you then they wont want to sing it as that commits them to paying you.

    If you have a contract start date prior to your arrival then strictly speaking you should be paid, but if you push it you risk being binned with no money at all.

    If you can't afford one extra night in a hotel how can you afford the expenses for this contract? Or are you at home most of the time, or another site closer to home.

    I'd just suck it up and accept the loss as rocking the boat won't help you at the start of a new contract.

    Leave a comment:


  • WTFH
    replied
    Hi Caine,
    Welcome to ContractorUK.
    In the hope of getting better responses, I've moved this thread to accounting and legal.

    Leave a comment:


  • Caine
    started a topic Legal advice

    Legal advice

    Hello everyone I have a issue and hope to get some sound advice as I have been pushed from post to pillar

    What is I have done work for a agency and I was told to come back the following so I booked hotel in advance and payed it today I went on site been told I was off hired on Friday but no one told me so now I am out of pocket for the hotel room I have said I want reimbursing as I should have been notified but the answer to that was we dont pay accommodation so they won't but I said if you had let me know I would have booked and payed for it in the first place I am LTD registered and find it hard to get legal advice anyone know or can help me as it's a lot of money to loose as a one man band
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