Reply to: Suspended - Need legal/general advice please

[psychocandy]

Yes this indeed a worrying trend. In the last permie role I had 5 years ago, I was taken aside and basically fired, but they offered me a "compromise agreement" which gave me a nice wedge of cash in return for my silence and swift exit. The lawyer they paid for on my behalf, said it is an American thing where they can fire you and pay you off with no fuss, as the cash on offer is alot more than one would get anyway from a protracted redundancy.
I was happy to take the said "wedge of cash" as it was a nightmare role and was thinking of jacking it in anyway.

Yep. Exactly what happened to me (and a few others) years ago. They started off saying I was suspended for misconduct and rolled out a load of crap claims. Then they said but if you sign this compromise agreement we'll give you this wedge of cash and forget about it all. If you don't, you're suspended and we'll try to get you dismissed with zero.

Scandalous really. I took it because I'd been at place just over a year so wouldnt have had much anyway. And it was also tulipe.

[LondonManc]

Yes this indeed a worrying trend. In the last permie role I had 5 years ago, I was taken aside and basically fired, but they offered me a "compromise agreement" which gave me a nice wedge of cash in return for my silence and swift exit. The lawyer they paid for on my behalf, said it is an American thing where they can fire you and pay you off with no fuss, as the cash on offer is alot more than one would get anyway from a protracted redundancy.
I was happy to take the said "wedge of cash" as it was a nightmare role and was thinking of jacking it in anyway.

It also mitigates the chance of a domino of wrongful dismissal claims if there are multiple redundancies at the same time and buys silence. Nice, quick, clean for both sides but they still let you say you were made redundant if it was a redundancy situation. It's also a nice platform to start contracting from as it gives you a bit of a warchest up front before your first invoice gets paid.

[GCR99]

This tactic is on the rise and is increasingly being used to sack unwanted staff. I've seen some TV programmes on this, an idea that I believe originates from the US and has been exported to Europe.

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Yes this indeed a worrying trend. In the last permie role I had 5 years ago, I was taken aside and basically fired, but they offered me a "compromise agreement" which gave me a nice wedge of cash in return for my silence and swift exit. The lawyer they paid for on my behalf, said it is an American thing where they can fire you and pay you off with no fuss, as the cash on offer is alot more than one would get anyway from a protracted redundancy.
I was happy to take the said "wedge of cash" as it was a nightmare role and was thinking of jacking it in anyway.

[psychocandy]

Not sure why they would go to the bother of making something up.

Typical contracts, they can get rid of you whenever they want for any reason, or rather no reason whatsoever (there is usually a reason, but they don't NEED to tell you what it is).

My guess is you weren't aware of this when they were talking you into setting up as a Ltd..... sorry, helping you set up a Ltd.

But clients are often stupid and will seek to justify their actions.

So someone will have sat there, and will be pleased with themselves that they've come up with this clever reason, and now they can save money etc by getting rid of contractor. Not realising they dont need to do this.

Then there are others who dont want to have the conversation when contractor asks why? so they've got this ready made scenario.

[jmo21]

Not sure why they would go to the bother of making something up.

Typical contracts, they can get rid of you whenever they want for any reason, or rather no reason whatsoever (there is usually a reason, but they don't NEED to tell you what it is).

My guess is you weren't aware of this when they were talking you into setting up as a Ltd..... sorry, helping you set up a Ltd.

[uk contractor]

OP just move on fast to something else this is the nature of contracting they do not want you anymore so constructively dismiss you & or your face did not fit perhaps you upset someone. Often just by doing a better job than your peers is seen by management as being someone difficult to manage for morale purposes it makes it harder for managers as many they lack the required man management skillset to motivate others onsite so remove the strongest link to prevent the end client getting upset all their onsite staff are not as dilligent/professional etc etc.

Impossible to prove unless you recorded everything somehow which I doubt as you were obviously blindsided by this.

I would however enquire about your notice period (usually only 1 week paid) if they say they do not wish to pay this then threaten legal action & see what they say if they have not kept a record of the 3 warnings you have had it will prompt them to pay you fast! Otherwise also threaten going to the national press but obviously that will make it hard to get another job even if your in the right employers do not want perceived troublemakers.

This role is history & you will not be able to get any references most likely. The agency will only be your friend until they get paid their cut then you become persona non grata to them!

[Yonmons]

Its the nature of contracting unfortunately, you have lost to much sleep/spent to much time on this you wont be going back no matter what "Tea and Sympathy" your agent gives you. Time to move on. (I wouldnt have given it a backwards glance TBH)

[BrilloPad]

My primary concern is future references and I would very much like major IT company to withdraw these false comments made to the agency.

The general consensus to be to move on and forget about it?

Ignore the comments. They cannot repeat them. They can only give dates your contract lasted.

Move on and forget abut it.

Sorry it happened. Good luck.

[CoolCat]

Very nasty underhand tactic using a trivial excuse to get rid of you, of course you haven't done anything wrong, unfortunately legally hard to fight. This tactic is on the rise and is increasingly being used to sack unwanted staff. I've seen some TV programmes on this, an idea that I believe originates from the US and has been exported to Europe.

In this particular case I would move on and forget. Just make sure you get paid for the time you worked.

Routine in the Indian outsourcers

[SueEllen]

Hi OP, any advice or viewpoints given here depend heavily on whether you are an FTC "permie" or a "proper" contractor, can you clarify which it is?

The OP states they have a limited company.

The situation is completely dodgy as the company that required their services helped them set it up which is why everyone thinks they are an employee or on a fixed term contract.

[unixman]

Hi OP, any advice or viewpoints given here depend heavily on whether you are an FTC "permie" or a "proper" contractor, can you clarify which it is?

[northernladuk]

If the OP needs General advice I think a MOD should move it so we can help

[LondonManc]

That was my thinking, I was wondering why he had been encouraged to set up a Ltd co instead of being put on payroll.

In any case, I agree with everyone else. Move on and find a new gig.

NICs avoidance and clearly now notice avoidance!

[TheCyclingProgrammer]

If he did, it would have stunk of D&C, by the sounds of it

That was my thinking, I was wondering why he had been encouraged to set up a Ltd co instead of being put on payroll.

In any case, I agree with everyone else. Move on and find a new gig.

[LondonManc]

Doesn't sound like an FTC as he mentions LTD and invoicing the OP does need to understand he is not employed. If he did he would be able to work out he has no 'rights'.

Bad gig. It happens. Move on.

Sounds like service desk so within IR35. BICBW