Role being Transitioned to India

[Cornish Cream]

There have been cases here at my client site where contractors to my client have been taken on as contractors by the Offshore company... the system I support is way down the chain of other off shored projects

Maybe that will happen - maybe not - the transition period covers the remainder on my current contract (and then some if you believe what you hear :-)

I already confirmed notice periods either way and read through the contract again and again and again :-)

Thanks everyone - I have been on CUK for a while now - I just tended to log off a lot whilst waiting for my posts to be vetted - time is money people :-)

CC

[ASB]

Sharp?? That my boy was very restrained...

There may be the old esoteric case such as ASB brought up, but it's highly unusual and I'll bet he didn't get much sympathy when he asked about IR35 as well...

Oh, and welcome to CUK,btw...

I did say it was very unusual

However Muscat would not have had to worry about IR35 one bit. Ultimately he was found to be an actual employee of C and W as far as I recall.

I do have some sympathy for the OP. My view is that this should not be allowed - but only within the timeframe of the original contract. But this is more a problem of how the contract is drafted and what it contains.

When somebody pulls a project that accenture or whoever are resourcing they don't just say "oh, well never mind". The lawyers go in and the exit is negotiated. However the contract are, of course, much more set up to consider this sort of effect.

Ultimately if you have a signed contract with no notice period and the client decides to outsource then you should have considered that eventuality before signing.

[OrangeHopper]

I simply moved from being a contractor to the British client to being a contractor to the Indian client subcontracted by the British client. Since the Indian client wanted me, I was able to negotiate a rate rise. Unfortunately, the recession sees that rise being removed at the end of this month.

[cojak]

Wow - there some sharp comments on here today :-)

Sharp?? That my boy was very restrained...

There may be the old esoteric case such as ASB brought up, but it's highly unusual and I'll bet he didn't get much sympathy when he asked about IR35 as well...

Oh, and welcome to CUK,btw...

[Cornish Cream]

Cable & Wireless v Muscat...

Interesting... and Thanks

[ASB]

Wow - there some sharp comments on here today :-)

Guys - Im just after advice... Yes I am a contractor and a big boy as well (well not in certain areas :-) so if my contract ends - thats OK

Its just the first time I have experienced this so - looking for a heads up.

I ask about Tupe because as well as my support role another external organisation who are contracted to provide 1st and 2nd line support (to my 3rd and 4th line suppiort) have been involved in TUPE discussions... why would that be and how is that different to the way I am contracted (any employment law specialists out there?)

Im not looking for a contractor to permie conversion - just maybe a contract extension after the transition or a payoff of some sort :-) see its all about the Benjamins...

Anyway - to the grumy lot - its Friday - happy days... (please dont hate me :-)

CC

CC,

Contrary to what has been said it is actually possible (but extremely unlikely) that TUPE can apply. If it does your clients have screwed up in their arrangments big time.

There was a fairly recent case involving a contractor, TUPE and Cable and Wireless (can't remember the guys name). However this did involve some VERY specific and unusual conditions.

[Cornish Cream]

Wow - there some sharp comments on here today :-)

Guys - Im just after advice... Yes I am a contractor and a big boy as well (well not in certain areas :-) so if my contract ends - thats OK

Its just the first time I have experienced this so - looking for a heads up.

I ask about Tupe because as well as my support role another external organisation who are contracted to provide 1st and 2nd line support (to my 3rd and 4th line support) have been involved in TUPE discussions... why would that be and how is that different to the way I am contracted (any employment law specialists out there?)

Im not looking for a contractor to permie conversion - just maybe a contract extension after the transition or a payoff of some sort :-) see its all about the Benjamins...

Anyway - to the grumpy lot - its Friday - happy days... (please dont hate me :-)

CC

[RichardCranium]

The role I currently do is being transitioned by my Client to India... If so does TUPE come into things?

It may well do, but will have on impact upon you. If you are a "permie substitute" - as I have often been - (where there is a permanent post vacant and they use a contractor as an interim to do the work) then it may apply to the post. You get to watch as things go on around you and think "Thank heavens I'm not a permie!"

Just update your CV and get it out to the agents ready for when they give you the Big E.

Oh, and read your contract now regarding termination by either party. (Hopefully, that'll save us having to tell you to do so in a few weeks!)

Currently I am getting a wall of silence wherever I turn...

<cough> Google <cough>

[tino]

No it doesn't.

You train whoever they put in front of you to take over your contract.

Then you find another contract.

That's what being a contractor is all about.

high five

[cojak]

Hi

The role I currently do is being transitioned by my Client to India...

Anyone else been through this as a contractor? If so does TUPE come into things?

Currently I am getting a wall of silence wherever I turn...

Any advice welcome...

CC

No it doesn't.

You train whoever they put in front of you to take over your contract.

Then you find another contract.

That's what being a contractor is all about.

[tino]

Hi

The role I currently do is being transitioned by my Client to India...

Anyone else been through this as a contractor? If so does TUPE come into things?

Currently I am getting a wall of silence wherever I turn...

Any advice welcome...

CC

TUPE?

I assume you are a contractor therefore why would TUPE apply? You are employed either by your limited company or your umbrella, not the "client"

[Cornish Cream]

Hi

The role I currently do is being transitioned by my Client to India...

Anyone else been through this as a contractor? If so does TUPE come into things?

Currently I am getting a wall of silence wherever I turn...

Any advice welcome...

CC