Any comeback on contractor unfair dismissal?

[Sockpuppet]

your post covers ground we do not deal in.

I dunno. I'm happy to half baked advice on any subject.

[scotspine]

I suspect that many of us quite like the occasional glimpses into other contracting fields..... might even be a Plan B.

none more than myself expat. the invasion of cornish farmers still makes me chuckle, but it does say [albeit in small print] "The IT Contractor Portal".

that said, no intention to hurt anyone's feelings...

[BrilloPad]

Jem, the moderator Scotspine's words are harsh but fair: contracting is like that. I guess you got no "rosy glow" at the tour operator so you're finished there. Good luck elsewhere.

Scotspine, with respect the "IT" is only in the small print, certainly not in the domain name. I may be wrong but I suspect that many of us quite like the occasional glimpses into other contracting fields..... might even be a Plan B.

WHS

[expat]

jem, this is an IT contractor board and as such, your post covers ground we do not deal in. that said, i will leave the post as it is and merely reinforce what several of the guys here have said. you're a contractor. you had a contract. it has been terminated. get over it and move on.

Jem, the moderator Scotspine's words are harsh but fair: contracting is like that. I guess you got no "rosy glow" at the tour operator so you're finished there. Good luck elsewhere.

Scotspine, with respect the "IT" is only in the small print, certainly not in the domain name. I may be wrong but I suspect that many of us quite like the occasional glimpses into other contracting fields..... might even be a Plan B.

[scotspine]

jem, this is an IT contractor board and as such, your post covers ground we do not deal in. that said, i will leave the post as it is and merely reinforce what several of the guys here have said. you're a contractor. you had a contract. it has been terminated. get over it and move on.

[Turion]

Move on, find another company to work for, or start your own. You've got enough experience.

[ASB]

Your first hurdle would be to ensure that you are a worker in the terms used by an industrial tribunal to see if you are covered by any of the employment provisions acts.

You do not say if you were engaged on an S/E basis or whatever (thought the contract does state it is intended to be S/E which is a different thing. You might find a tribunal beleives yuo to be an employee - there are precedents.

Your alternative of publication may get you a bit of revenge and cause them some major embarassement. OF course you need to be able to prove all of the allegations. I wouldn't facny your chances of finding any related employment in the future though.

[pmeswani]

Stop acting like a permie and move on. You've been working for them for far too long.

[Sockpuppet]

You don't work for them so you can't be dismissed.

They'll just issue you 30 days notice that your contract has been cancelled. Then using.

3.5 xxxxx is under no obligation to offer tours to the Consultant and the Consultant is under no obligation to accept a tour that xxxx has offered.

say that there is no work for those 30 days.

Nowt you can do about it.

[SuperZ]

* pops CV in the post *

* sells company name to 100 agencies *

(but finds out the agencies read this already and have alread bombarded the company with calls)

[dang65]

p.s. Term 11.3, you've left the company's name in.

* pops CV in the post *

[Incognito]

It's a contract mate, they don't have to guarantee you work. If you try and claim constructive dismissal then you're claiming you were an employee. That could have tax implications for you.

p.s. Term 11.3, you've left the companies name in.

[Jem]

Hi wonder if any of you may be able to help me!!

For the last 8 years I have been contracting for a tour company as a tour leader, mostly in Africa. The company is British based and very big. They have a great contract which seems full proof for them. See below

I work for them on average between 6 to 10 months per year and for the last 8 years have had 92% excellent feedback from their clients. They are my main source of income.

Over Christmas I had a group from hell and for the first time had crap feedback. The company said they understood the clients were just clubbing together to get a refund and if my next 3 tours had excellent feedback everything would be fine.

I did another 2 tours (90% excellent again) they then called me back early to answer for Xmas tour.

The long and short of it is they said they were not renewing my future contracts because fo xmas tour. I proved that I was in right with tour and they were in the wrong due to safety standards, so they then agreed to that and changed the reason they would not renew contract as we had now lost any mutual trust! (this due to the fact that I pointed out that a lot of their clients would be upset if they knew I was being dismissed) Most people in the industry think I was dismissed because I am now one of the top paid T/L in the company - credit crunch etc.

I am well p off and also now very poor and short of money!!

Can anyone tell me if I can either claim from them for anything, (are there any precedents) or as I hold documentation and photos proving gross lack of health and safety issues, letters from them telling me they don't care if their trucks are not safe and nasty bloody photos of our trucks as the breaks have failed and they have rolled down the side of mountains, if I can sell this info to the papers and not get sued for it?

Below is a copy of the contract if anyone is willing to suggest any help

Recitals

(A) The Consultant has certain skills and abilities which may be useful to xxxx from time to time.

(B) The Consultant is an independent contractor willing to provide services to xxxx as set out below.

Operative provisions

1 Consultancy services

1.1 xxx ENGAGES the Consultant to provide consultancy services to xxxx relating to the operating and leading of tours (the “Services”) and the Consultant AGREES to provide such Services upon the terms and conditions set out below.

2 Duration

2.1 This Agreement shall commence on the date of this Agreement and save as otherwise provided shall continue until terminated by either party giving to the other not less than 30 days notice.

3 Consultant’s services

3.1 The Consultant is retained on a non-exclusive “when-needed” basis to provide the Services to xxxx at such times and at such locations as xxxx and the Consultant shall agree from time to time.

3.2 In respect and in advance of a tour that xxxx decides, at its discretion, to offer to the Consultant, xxxxx will send a notice (the “Notice”) to the Consultant confirming:

3.2.1 the specific Tour or series of Tours which the Consultant is invited to lead (the “Tour”);
3.2.2 the fee to be paid to the Consultant for the Services (“Fee”) should the Consultant accept the Tour offered,
3.2.3 the amount of any advances made at the beginning of the Tour (the “Advances”); and the amount of any consolidation allowance in the event of a cancellation (the “Consolidation Allowance”);
3.2.4 the amount of any surety to be provided by the Consultant pursuant to clause 6 (the “Surety”)

3.3 If the Consultant agrees to accept a Notice, the Consultant shall:

3.3.1 undertake to complete the Tour;

3.3.2 provide the Services with reasonable care and skill and to the best of his/her ability; and comply, so far as is reasonably practicable with the provision of the manual relating to the Tour (the “Tour Manual”) or where this is not reasonably practicable, the Consultant will use his or her knowledge, skill and experience to operate and lead the Tour in line with the spirit and the ethos of xxxx and the Tour Manual and the reasonable expectations of the clients.

3.4 Where a Notice has been accepted by the Consultant this Agreement will not be capable of termination by either party in accordance with the provisions of clause 2.1, until the terms of the Notice have been carried out in full.

3.5 xxxxx is under no obligation to offer tours to the Consultant and the Consultant is under no obligation to accept a tour that xxxx has offered.

3.6 During the continuation of this Agreement the Consultant may accept and take on work from third parties provided that any such work does not in any way conflict with or coincide with any Notice that the Consultant has accepted from xxxx.

3.7 The Consultant may sub-contract the Services to an alternative consultant provided that such alternative consultant is approved in advance by xxxxx.

3.8 The Consultant may be required to attend briefing and de-briefing sessions with xxxx from time to time, usually prior to and/or at the completion of a Tour or series of Tours. Any payment of expenses or any fee in respect of these days shall be a matter for agreement between the parties and will usually be dealt with in a Notice.


6 Surety

6.1 The Consultant undertakes to provide the Surety to xxxx against the final completion of the accepted Notice.


8 Termination

8.1 Without limitation xxxx may by notice given verbally or in writing immediately terminate this Agreement (which for the avoidance of doubt shall include any accepted Notice) if the Consultant shall:

8.1.1 be in breach of any of the terms of this Agreement (including the terms of any accepted Notice) which, in the case of a breach capable of remedy, shall not have been remedied by the Consultant within 21 days of receipt by the Consultant of a notice from xxxx specifying the breach and requiring its remedy;

8.1.2 be prevented, by reason or illness or injury, from providing any services to xxxx for a consecutive period of six weeks or for an aggregate period of eight weeks in any period of 12 calendar months.

8.2 If xxxx shall terminate this Agreement under the provisions of clause 8.1 xxxx may at its absolute discretion require the Consultant to account to xxxx (and for this purpose and to this extent the Consultant gives xxxx the authority to deduct the relevant sums from any amount that would otherwise be payable to the Consultant) for the cost of the Consultant’s return to the UK and for the costs incurred in replacing the Consultant in the country of operation.

9 Insurance

9.1 The Consultant warrants that the Consultant will whilst abroad on a tour hold valid insurance covering medical repatriation to the Consultant’s country of residence. The Consultant shall be fully responsible for the cost of such insurance and hereby indemnifies Explore and keeps xxxx indemnified against any costs incurred by xxxx as a result of any failure by the Consultant to obtain such insurance.

10 Confidential Information

10.1 The Consultant agrees to treat as secret and confidential and not at any time for any reason to disclose or permit to be disclosed to any person or otherwise make use of or permit to be made use of any confidential information relating to xxxx clients,
suppliers, agents, and consultants (including but not limited to names, addresses, telephone, e-mail or fax numbers or other contact details); pricing arrangements, trading arrangements, terms of business in force or under discussion; the development and marketing of Exxxx products and services (including but not limited to all new itineraries, databases, mailing lists, software, brochures, timetables, schedules, price lists or discount arrangements) where the information was received during the period of this Agreement.

10.2 Upon termination of this Agreement for whatever reason the Consultant shall deliver up to xxxx all working papers, computer disks and tapes or other material and copies to or prepared by the Consultant pursuant either to the Agreement or to any previous obligation owed to xxxxx.


11 Status and Tax Liabilities

11.1 The parties declare that it is their intention that the Consultant shall have the status of a self-employed person and shall not be entitled to any pension, bonus or other fringe benefits from xxxx.

11.2 The Consultant shall be responsible for the payment all taxes (whether in the UK or overseas) in respect of any Fees or other amounts paid or benefits granted in accordance with the Agreement (and any accepted Notice including income tax, National Insurance Contributions and any social security contributions (“Taxes”)

11.3 The Consultant agrees to indemnify Explore and keep it indemnified against any claim or demand made against it in respect of any liability of xxxx to deduct any amount in respect of the Taxes from payments made or benefits conferred under this Agreement (and any accepted Notice) including any interest or penalties imposed in connection therewith.

12 Prior Agreement

12.1 This Agreement supersedes all prior agreements and understandings between the parties relating to its subject matter.

13 Governing Law and Jurisdiction

13.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

IN WITNESS whereof these presents have been duly executed the day and year first before written

Thanks for anyone who has taken the time to go through his

Love J