2 years in public sector

[Yonmons]

NLUK is right. Tell client sort it or dont go in.

Ahhhh the good old Public Sector FTC ! 😢 I did 18 months for one NHS Trust as a migration engineer, every so often the "Threat" of converting us to a FTC would crop up (to save them money) luckily there was only 5 of us and all dedicated contractors just dug our heels and said not with us you won't. Made us smile how they thought they could just dictate to us the way our career paths should go. All in the past now job done and dusted, moved on your either a contractor or your not, if your a professional contractor you know when your numbers up and/or its time to move on. As NL has said you have run right into the buffers at the end of the track on the 2 yrs limit without having any plans for the inevitable.

[VillageContractor]

NLUK is right. Tell client sort it or dont go in.

Do that. And get looking for a new role

[psychocandy]

Nope, you are pretty much stuffed unless you are absolutely essential.. and I mean way beyond how essential we think we are. Funnily enough.. they brought this in to stop idiots claiming they had rights. Funny that isn't it.

You've done 2 years. I am sure you were well aware a long time ago you had a two year limit but you've done nothing about it and just smashed straight in to it. I have seen the odd person get a 2 week break before coming back but you've got to get sign off from someone just below God to get that. I'd be giving my agency a right royal roasting for putting me in this situation but still, if you know you shouldn't be there some of the blame falls to you.

You've done your time. You are done. Apply for your role in about 6 weeks and you might get it back.

I'd be extremely careful about continuing to bill them out of contract or whatever daft situation you are in. It isn't impossible they will refuse to pay you, public sector and it's rules and all. If you are not contracted then stop going in PERIOD. If the rules are two years and you are there past it I wouldn't be surprised if you are actually working as an FLC now. For a start your passes and login's should have expired and if they haven't you are in a real limbo being on site without a contract and having logins and passes you shouldn't. Sort it out sharpish and stop dicking about. 'No one told me' isn't going to make back the money you are likely to lose in this situation.

Oh, and being escorted off site isn't the best memory to leave a possible future client with either.

NLUK is right. Tell client sort it or dont go in.

[Contreras]

The implied acceptance could be either way. As others have suggested it would need a lawyer for a valid opinion.

But I am going to differ and say that you don't need a lawyer.

it would be a 50% pay cut. As I have some health issues at the moment, I was going to take it.

If you opt for legal recourse then expect to be shown the door. That's a 100% pay cut.

You could try it on and invoice under the old rate anyway. Argue the toss, up to a point, then back down and eat humble pie. But this is public sector and rules are rules. Only go legal if you want all or nothing.

[NotAllThere]

It's possible that the old contract continues. It's possible the new one applies. What's not possible is for anyone here to tell. Contact a lawyer.

[MrMarkyMark]

+1, in this instance, I suspect the FTC would be considered the running contract.
You could, possibly, accepted this verbally, but you haven't told us that.

[TheFaQQer]

Is there implied consent that the old contract continues and I can invoice under those rates?

That's an interesting one that a lawyer would need to provide professional advice over.

If you look at Brogden's case, that set the precedent that a contract could be constructed via conduct of the parties. So, I would suggest that there is a contract in place. The question then becomes "at what rate was the contract accepted?" which is where you'd need professional advice. On the one hand, you could argue that the implied contract is an extension of the previous one, because that's the one that you are continuing. On the other hand, you have been told that you can't stay on the current contract for more than two years, you have been offered another contract (FTC) and you have had discussions on the rate. Therefore, I would conclude that there is a contract in place (Brogden's case would support that view), and that it as acceptance of the FTC contract that has taken place.

IANAL - but that's what I would expect you to be told when you talk to a solicitor, should you take that route.

[northernladuk]

I'm wondering if the contract he's being offered that is incorrect is the FTC one. If that's the case I would have thought the gov body should offer him it directly as it's now a contract of employment rather than a contract for services. It's unclear in his description who 'they're are. The agent shouldn't be involved now as they can't supply FTC's so handcuff won't stand.

I know people try and get public sector jobs to disappear in to the system for the rest of their lives (which you can't anymore) but I've never heard a of a contractor doing it.

I've a feeling we'll never know but if the OP is reading this get it sorted quickly.

[Cirrus]

They have failed to issue me with a correct contract several times now.

Well that's an intriguing sentence.

Do you mean they have issued you with several contracts but you have rejected them?

What was 'incorrect' about the contract(s) you refer to? Did you tell them what 'correct' was in your view?

[quackhandle]

I tend to swerve PS gigs but it might be worth walking away from this one and going private sector for next gig.

Why have they never supplied you with the correct contract? Have you had it checked for IR35,etc? Did you get it checked before you started two years ago?

qh

[northernladuk]

Nope, you are pretty much stuffed unless you are absolutely essential.. and I mean way beyond how essential we think we are. Funnily enough.. they brought this in to stop idiots claiming they had rights. Funny that isn't it.

You've done 2 years. I am sure you were well aware a long time ago you had a two year limit but you've done nothing about it and just smashed straight in to it. I have seen the odd person get a 2 week break before coming back but you've got to get sign off from someone just below God to get that. I'd be giving my agency a right royal roasting for putting me in this situation but still, if you know you shouldn't be there some of the blame falls to you.

You've done your time. You are done. Apply for your role in about 6 weeks and you might get it back.

I'd be extremely careful about continuing to bill them out of contract or whatever daft situation you are in. It isn't impossible they will refuse to pay you, public sector and it's rules and all. If you are not contracted then stop going in PERIOD. If the rules are two years and you are there past it I wouldn't be surprised if you are actually working as an FLC now. For a start your passes and login's should have expired and if they haven't you are in a real limbo being on site without a contract and having logins and passes you shouldn't. Sort it out sharpish and stop dicking about. 'No one told me' isn't going to make back the money you are likely to lose in this situation.

Oh, and being escorted off site isn't the best memory to leave a possible future client with either.

[MATTJB]

Hello

I'm very new to this but can anyone help:

I work as a contractor for a large public sector body. I complete a weekly timesheet and submit through a third party. I am taxed and NI deducted.

They refused to grant me a further renewal as I would go over two years. Instead I was offered a 12 month FTC but as the role was bench marked against others, it would be a 50% pay cut. As I have some health issues at the moment, I was going to take it.

They have failed to issue me with a correct contract several times now. My contract officially ended 15th April but I've been providing services since then. I've now also gone over the two years with them.

Can anyone advise what my rights are? Is the situation advantageous to me? Is there implied consent that the old contract continues and I can invoice under those rates?

Grateful for any help.

Thanks

Matt