Reply to: Long term temps entitled to redundancy?

[northernladuk]

Just had a browse of the useless forums over there and found our old buddy Harry Lee posting

Aww boooo I can't log in. Post your details so we can log in

You gonna out him on there as well? LOL

Has his english improved at all? I doubt his advice has but we can only hope.

[jmo21]

Unfortunately this is very true.

There has been the guy from Lockheed Martin swapped for someone on a cheaper rate trying to sue for unfair dismissal - lost

Contractor chases 'unfair dismissal' claim

And the guy from HP who got binned for causing a fuss who also tried to sue for unfair dismissal

IR35: Sacked Contractor Sues HP for Unfair Dismissal

but I like this bit which is the bit these people completely forget..

Just had a browse of the useless forums over there and found our old buddy Harry Lee posting

[northernladuk]

Hope this is a wind-up, this 'kin behaviour is the reason big companies have 51 week/11 month rules because some nobbers tried to claim employment rights after over-staying their welcome for x years.
Ya 'kin IDIOTS are making it a lot harder for the rest of us !

Unfortunately this is very true.

There has been the guy from Lockheed Martin swapped for someone on a cheaper rate trying to sue for unfair dismissal - lost

Contractor chases 'unfair dismissal' claim

And the guy from HP who got binned for causing a fuss who also tried to sue for unfair dismissal

IR35: Sacked Contractor Sues HP for Unfair Dismissal

but I like this bit which is the bit these people completely forget..

Winning Might be Bad

If he wins his case, that means that contractors will be looked upon as disguised employees, even if they have a substitution clause in their contract, if a client just states that he is not going to use it.

It’s a bit like in those countries where a marriage contract can be annulled just by the husband saying, “I divorce thee” three times.

Quit When Ahead

The Employment Tribunal has already stated that they believed him to be a small businessman because of his substitution clause, whether there was going to be good or bad faith on HP’s part. It might have been better to stop there. Sometimes people don’t know when they’ve won.

John’s battle is with HP and not even the Inland Revenue who are watching from the sidelines with interest.

[psychocandy]

The place I'm at now is making a concerted effort to distance itself from contractors. When I started, I brought along my own laptop and everything else ready to work without any need to ask the client to provide anything, another guy starting at the same time kicked up all sorts of fuss about not getting a PC or laptop and even got sniffy when they told him that company mobiles were for permies only.

The agency as well made a huge and painful effort to investigate whether I was truly "in business on my own account" to ensure I wouldn't be caught under either the MSC regulations or under the forthcoming AWR stuff. They truly need to streamline that though as they set a very high bar that could stop a lot of run-of-the-mill contractors from taking up a role.

No way would I accept a company mobile. Thats asking for trouble. If they really want they can phone me on my ltd company provided mobile.

Unfortunately, due to security aspects etc, its sometimes necessary to use a companies own PCs etc simply because they dont let you use a non-company pc.

[SueEllen]

Hope this is a wind-up, this 'kin behaviour is the reason big companies have 51 week/11 month rules because some nobbers tried to claim employment rights after over-staying their welcome for x years.
Ya 'kin IDIOTS are making it a lot harder for the rest of us !

Every now and again we get questions from people like this - people who don't understand that they aren't a temp.

Some how they think they are entitled to employment rights as well as the risk money from being in a legal set up where they don't have them.

[lukemg]

Hope this is a wind-up, this 'kin behaviour is the reason big companies have 51 week/11 month rules because some nobbers tried to claim employment rights after over-staying their welcome for x years.
Ya 'kin IDIOTS are making it a lot harder for the rest of us !

[craig1]

Provided you meet the criteria and you appear to why is that a problem? Surely the less contractors on the market the better for all of us?

True... it does sort the wheat from the chaff but it also catches genuine business relationships and setups in their daft process. See my thread previously about LLP structures.

[eek]

They truly need to streamline that though as they set a very high bar that could stop a lot of run-of-the-mill contractors from taking up a role.

Provided you meet the criteria and you appear to why is that a problem? Surely the less contractors on the market the better for all of us?

[craig1]

The place I'm at now is making a concerted effort to distance itself from contractors. When I started, I brought along my own laptop and everything else ready to work without any need to ask the client to provide anything, another guy starting at the same time kicked up all sorts of fuss about not getting a PC or laptop and even got sniffy when they told him that company mobiles were for permies only.

The agency as well made a huge and painful effort to investigate whether I was truly "in business on my own account" to ensure I wouldn't be caught under either the MSC regulations or under the forthcoming AWR stuff. They truly need to streamline that though as they set a very high bar that could stop a lot of run-of-the-mill contractors from taking up a role.

[contractoralan]

@Dandyman Are you paying up under IR35 ?

If you are not, then forget about redundancy payment. All these years, you have claimed yourself to be a business. If you intend to ask for redundancy pay, HMRC is likely to be after you for IR35 payments.

If you have paid under IR35, then you may think about it. What is your rate compared to a permie? If you have been well paid, then in my opinion, you have been already compensated for being a 'temp' . If you have been on really low rates, comparable to a permie, then you might have an argument. If you have been on permie rates for 6 years, then you should reconsider your 'career' choice. You started in 2005, when rates were high.

[Sockpuppet]

Just out of interest what do you guys consider to be a short term contract, as to me that's around 6 months if not less but I have spoken to others where up to a year is considered short, that would be long to me!!!

I'd say a year on the same thing and that's bordering on two long.

[robin]

Unless you're like most people on here who do short term contracts and move on.

Just out of interest what do you guys consider to be a short term contract, as to me that's around 6 months if not less but I have spoken to others where up to a year is considered short, that would be long to me!!!

[cojak]

A flexible workforce. If you've been there 6 years you're not flexible and you should be a permie. I certainly wouldn't rate your chances in an IR35 investigation. Unless you're like most people on here who do short term contracts and move on.

WSPS

I received a 6 month extension for the 1st time in 3 years.

To my surprise I wasn't happy about it as I was making plans to leave after 3 months.

There's just no pleasing some people...

[northernladuk]

I suspect that they are clearing out old contracts ready to bring in the new type.

I would guess they are clearing out the people that don't understand how they provide work to clients and are getting in people that know what they are doing.

My client has a pretty clear distinction between perms and contractors which is great for us IR35 wise but I don't think they would be particlularly happy if the contractors started acting like perms.

[Sockpuppet]

It is quite difficult to see what employers can gain from employing any non permanent staff for more than a three month period from 1st October. Will employers really check or insist that potential employees are ltd rather than temps?

I assume if my employers are getting jittery about this others will follow suit.

A flexible workforce. If you've been there 6 years you're not flexible and you should be a permie. I certainly wouldn't rate your chances in an IR35 investigation. Unless you're like most people on here who do short term contracts and move on.