Reply to: Looking For Legal Advice

[washed up contractor]

Wanting legal advice? See a legally qualified person such as an employment lawyer not some people on t'interweb.

[NotAllThere]

1. I work through my own limited company.

I had a contract of employment
No. Your company had a contract with the client to provide a resource to fulfil a particular role.

As the project was still ‘live’ AND there was a contractural obligation between the contractor and the client to employ someone in my position, they have broken their contract with the client Quite possibly. But it's nothing to do with any relationship you might have with the client and the contractor.

and IF they employ someone else in my position they will have broken the law by not have informing me why they asked me to leave, when I had done nothing wrong?No. They've simply told your company that they don't want to use the supplied resource any more.

Now, most of us here are IT or technical contractors - that is, we provide our services to larger companies through our own ltd companys. (Well, and other ways as well, but for the purpose of discussion, not relevant), so we're not really aware of construction law and how the H&S officer fits with in it, nor how "whistle-blowing" might work and be protected. For that you need specialist legal advice. Or at least advice from other people in the building industry.

What's important generally though is to keep track of what the actual business relationships are. Is your contract with the "client" or the "contractor"? Who told you that your services were no longer wanted? A representative of the client or the contractor?

[Cirrus]

IF they employ someone else in my position they will have broken the law by not have informing me why they asked me to leave, when I had done nothing wrong?

There is no law that says you have you use a particular supplier unless they had 'done something wrong'. Equally they are under no obligation to explain or justify their actions. Any effect on their relationship with other clients or legal provisions is nothing to do with you. That's their business.

[jmo21]

1. I work through my own limited company.
2. I am the employee of my own company.
3. I am not the employee of the ‘client’. The ‘client’ is a legally defined term in the U.K. construction industry.
4. HMRC does not consider me as self-employed. I am an employee of my own company.

Seems straightforward to me then, with the type of contracts that *most* of us on here work through - clients can end contracts whenever they like, and they do not need to give a reason.

It suits us because of IR35.

The devil is in the detail though, what does your contract say about termination?

[UK1]

1. Do you work through your own limited company?
2. Do you work as an employee of another company?
3. Are you an employee of the client?
4. Does HMRC consider you to be self-employed?`

Without this being clear, it's impossible to really give you advice.

1. I work through my own limited company.
2. I am the employee of my own company.
3. I am not the employee of the ‘client’. The ‘client’ is a legally defined term in the U.K. construction industry.
4. HMRC does not consider me as self-employed. I am an employee of my own company.

I hope that helps explain a little more?

[UK1]

You are very confusing.

You had a 'contract of employment' but then had a client?

Can you please decide if you were 'self-employed' or employed by your 'client'?

You really need to sort out your terminology to figure out where you stand and if you have any recourse.

Sorry, ‘client’ is a technical term referred to in legislation.

My company was employed to provide ‘professional services’ to a building ‘principal contractor’ and ‘principal designer’ again legally defined terms.

[NotAllThere]

1. Do you work through your own limited company?
2. Do you work as an employee of another company?
3. Are you an employee of the client?
4. Does HMRC consider you to be self-employed?`

Without this being clear, it's impossible to really give you advice.

[craigy1874]

So.

I had a contract of employment but my terms of what I had to do were loose, as in I needed to give advice as to how to keep inside the law.

As the project was still ‘live’ AND there was a contractural obligation between the contractor and the client to employ someone in my position, they have broken their contract with the client, and IF they employ someone else in my position they will have broken the law by not have informing me why they asked me to leave, when I had done nothing wrong?

You are very confusing.

You had a 'contract of employment' but then had a client?

Can you please decide if you were 'self-employed' or employed by your 'client'?

You really need to sort out your terminology to figure out where you stand and if you have any recourse.

[UK1]

So.

I had a contract of employment but my terms of what I had to do were loose, as in I needed to give advice as to how to keep inside the law.

As the project was still ‘live’ AND there was a contractural obligation between the contractor and the client to employ someone in my position, they have broken their contract with the client, and IF they employ someone else in my position they will have broken the law by not have informing me why they asked me to leave, when I had done nothing wrong?

[northernladuk]

Yes, but I was supplying ‘Professional Services’ advising the client about their legal obligations are in the U.K. This is like a Health and Safety advisor, the advice would change on a daily basis.

So?

[UK1]

Yes, but I was supplying ‘Professional Services’ advising the client about their legal obligations are in the U.K. This is like a Health and Safety advisor, the advice would change on a daily basis.

[northernladuk]

Yes, this is in construction.

My contract didn’t mention anything about this and actually said that notice period was to be agreed.

I don’t see that it’s right to replace someone just on a whim?

I don't really know how construction contracting works but for us in IT, we are flexible resources. There is usually a notice period in our contracts but the fact we are paid daily it's possible they can get rid on the spot with no come back. It's part of being T&M. I'd say with a 2 year gig you've done pretty well to be fair and it's a gutter it's over but that's the way it is sometimes.

As I say, construction might work differently.

That said starting working without the contract details nailed down isn't good form in any type of contractor work. The clue is in our title.

Even if you do have legal recourse you are going to have to shell out on solicitors etc to make it stick.

Check your contract carefully. Although you've no notice period does it mention anything about only being paid upon receipt of a signed timesheet? How comprehensive is the instant dismissal clause? If they get rid because they say you were a trouble maker or you were crap then there is very little you can do.

Whatever you do, start looking for more work. This one is most likely dead in the water for now.

[UK1]

Yes, this is in construction.

My contract didn’t mention anything about this and actually said that notice period was to be agreed.

I don’t see that it’s right to replace someone just on a whim?

[northernladuk]

What does your contract say?

[NotAllThere]

This is in construction? Do I guess correctly?