Contractor's Rights When Contract Ends

[sallyann16]

I have contracted for a large oil company for the past 9 years.
Yesterday my manager told me that my job will no longer exist, and I will be leaving at the end of March.
However, I have reason to believe that they have employed someone in another office to take over the duties that I have.
Where would I stand legally with this?

[Peter Pedant]

then you have a good case in an EMployment tribunal
as " they arent allowed to do that "

clearly there are evidential hurdles - it would be reasonable for them to say that the job's gone but someone has taken over the duties or that it was a new job but with some of your duties trasnferred ( bit iffy that one)

you need advice not on here ( in Law I dont think any of us do employment tribunals ) but kick off with the CAB )

it is reasonable to use the remaining time at your employer to research your "new job" - your job spec and the new job spec being identical would be a good 'un.

bit early for a lawyer ( = money ) I think you have to be out of a job before you sue - and try not to let on your intentions as they will just change the job spec

remember that in Employment Tribunals costs are not awarded so you would have to pay for your lawyer out of any award - and awards are capped at around £20k

Good Luck - I ran for the door on the first day I could retire but that was a different job to yours

[Peter Pedant]

eek ! employees !
if yuou are an independent contractor you have no rights unless you can show that you were really an employee

cementation case

see http://www.out-law.com/page-465

[SherryBea]

sallyann. Can you give a bit more info please? You say you have 'contracted' for the Company: are you self employed? are you a sub-contractor? Are you Employed on a fixed contract? Without this information its impossible to give an accurate answer. Thanks.

[SherryBea]

Peter:

"you need advice not on here ( in Law I don't think any of us do employment tribunals ) "

so you know everyone on this answerbank site and what they have experience in do you?

[naomi24]

When you say you have 'contracted' for the company, I presume that means you're not on the 'employee' payroll, but have a contract that is reviewed and renewed at intervals? If that's so, and in March that contract is due for review, then the company is within its rights to end the contract - as you would be.

[sallyann16]

SherryBea, just to clarify. I am employed by Reed and they put me into what was meant to be a temporary position at the oil company in 2009.
I have no fixed term contract and they can terminate my time there with one week's notice, and vice versa.
I was told that my actual work will be absorbed into the duties of existing staff, but found out yesterday that a new person has been employed with a similar job title to mine.
I have emailed her to ask her what duties she will be carrying out.

[Peter Pedant]

sheery bee sweet one

I was drawing a conclusion on the fact you have never posted on employment questions in the law section - [ I draw the line at the statement "I know alot about X but I never post on X for personal reasons or shyness"]

your nics answer - 'if you give them a call I have gound them very helpful' is the nearest I can get

but I apologise if you do -
sally ann 16 needs help
so please help ! pretty please

o and if you can fill in the WMC cementation case which is about " is he a contractor or an employee" I would be grateful [coz I wanna re read it and I cant find it]

[naomi24]

sallyann16, //...they can terminate my time there with one week's notice, and vice versa. //

You're a temp then. You have no recourse - legal or otherwise.

[sallyann16]

Thanks so much for your help, everyone - much appreciated!

[SherryBea]

Thank you for the clarification sally.

A few significant points:

"I have no fixed term contract and they can terminate my time there with one week's notice, and vice versa. "

you have worked for them for more than two years therefore they must have a valid reason ( your job is redundant etc) to terminate your Contract.

"I was told that my actual work will be absorbed into the duties of existing staff,. "

they are doing away with your job, this will be easy for them to prove at a tribunal

"but found out yesterday that a new person has been employed with a similar job title to mine"

gossip, it may be similar TITLE but not EXACTLY your job.

Legally you can take them to a tribunal, whether you win or not is not for me or anyone on here to say, except it will cost a lot of money take a lot of time and not look very good on your CV.

If I were you I would keep on very good terms with your former Employer ans start looking for a job asap.

[SherryBea]

Naomi you are totally incorrect in your assertion that Sally is a 'Temp'. She has worked for the same Company for more than two years so has 'rights' regardless of her Contract.

[naomi24]

sallyann16, as someone who's stayed for nine years in what was intended to be a short term temporary position, I've no doubt you're a very valuable asset to Reed, and I've equally no doubt that they'll find you another place immediately. I wish you well.

[SherryBea]

Peter its ok I'm new on here. I'm not a Lawyer but have had a lot of experience in Trade Unions so know a bit about Tribunals. Very hesitant to reply in detail on public Forums though.

[SherryBea]

I agree with Naomi, they are a large Organisation and if you keep on good terms would surely find you another position in their company.

[naomi24]

SherryBea, //Naomi you are totally incorrect in your assertion that Sally is a 'Temp'. She has worked for the same Company for more than two years so has 'rights' regardless of her Contract. //

But she isn't employed by the company she's working at. She's a temp employed by Reed and is on Reed's payroll.

[sallyann16]

Great advice, Murdo - thanks!

[237SJ]

As others have said, you`re a contractor - you are not employed by the oil company so you have no recourse when your contract is terminated.

[237SJ]

When we had a large recession post 9/11, the first thing my company did was terminate all the contractors (nowadays they would get rid of their own staff and take on contractors but that`s another story)

[SherryBea]

murdo -sally has said she is EMPLOYED by the Company. Until she lets us know if she is Employed or a Contractor she cannot be given suitable advice.