Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder Lauzieloo Novitiate

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    Unhappy Lauzieloo

    So ... I've had the same job for 20 years, I work from home and provide a service to a very well known company. I've always had a contract to provide that service, but in July last year the contract ran out and they haven't renewed it, I've just continued to provide the service. I have asked on numerous occasions about my contract renewal and keep being told they are 'dealing with it'.

    Recently they requested an additional service - about a 40% increase on the work I do already - for about 15% extra money.

    I don't need the extra money or hassle and I'd rather just stay doing what I've done for 20 years.

    I've been told that if I refuse to do the additional service, they'll get someone else to do the whole lot, so I'll effectively lose the job I've had for 20 years.

    Even though the contract on paper has expired, do I have any rights at all? Or am I deemed to be 'out of contract' so they can do what they like? I find it terrifying that I can just be 'terminated' at the drop of a hat, because I don't want to take on the extra load.

    I'm self-employed so does that mean I have no rights whatsoever?


  2. #2
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    Default Re: Lauzieloo

    If you are truly self-employed then you would have no rights against the employer if they dispensed with your services. This differs from a fixed term employment contract.

    I can't see any alternative to pushing for the renewal of the contract unfortunately, which will naturally involve negotiation over it's terms. The only question would be over the precise nature of the contract and whether it implies any degree of 'employment' rather than contracting for the provision of a service.

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  3. #3
    Basic Account Holder Lauzieloo Novitiate

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    Exclamation Re: Lauzieloo

    Wow ... that is even more horrible than I thought. I was hoping I must have accrued some rights along the way, after 20 years of successive contracts and clear proof that I have done the job week in and week out all that time.

    So what that means is, any employer anywhere can just stop giving contracts out, continue to reap the benefits of the work provided, and just treat the person like dirt - knowing that there are no other jobs out there to go to.

    Depressing and infuriating.

    Thanks so much for your help though.


  4. #4
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    Default Re: Lauzieloo

    Hi Lauzie,

    Is this contract your only source of income ie do you supply to any other companies ?

    N


  5. #5
    Basic Account Holder Lauzieloo Novitiate

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    Default Re: Lauzieloo

    My contract forbade me from working for any other companies ... and though I am now out of contract, if I even dreamed of working for anyone else, the employer would terminate on the spot. And I wouldn't be able to hide it ... what I do is very public!!


  6. #6
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    Default Re: Lauzieloo

    Quote Originally Posted by Lauzieloo View Post
    My contract forbade me from working for any other companies ... and though I am now out of contract, if I even dreamed of working for anyone else, the employer would terminate on the spot. And I wouldn't be able to hide it ... what I do is very public!!
    Hello Lauzieloo.

    That's an interesting slant on your employment status. I thought being self-employed meant you were free to offer your services, but others know far more than I do.

    There's a section on the directgov website that tells you in principle if you're employed or self-employed which I don't have time to look at right now. I don't know if it's relevant to your circumstances, just a thought.

    My best, HB

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  7. #7
    Basic Account Holder Lauzieloo Novitiate

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    Default Re: Lauzieloo

    Alas, I am definitely self-employed so think I am screwed. I will have to do what they want - or join the dole queue


  8. #8
    Basic Account Holder Lauzieloo Novitiate

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    Default Re: Lauzieloo

    Sorry, I should have clarified a point - I am free to do 'other sorts of work' for other companies - I just can't do the same sort of work as I do now for this company. It's kind of 'exclusive' to them. Ho hum.


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    Default Re: Lauzieloo

    Hi L,

    So you exclusively worked for the contractor as a contractee - interesting... So in all the time operating your business did you invoice any other company other than the one you allude to above ? As HB mentions the clarification of your employment status is the key to this.....

    N


  10. #10
    Basic Account Holder Lauzieloo Novitiate

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    Default Re: Lauzieloo

    I would say I haven't invoiced anyone else for about ... let's say 12 years? I did used to do the odd bit of work for other people but it just became too complicated.

    Let's say I was a drummer in a band - the company won't let me drum for anyone else. But they will let me play the violin! Except I'm crap at that so I don't. However I am a really good 'drummer' so I stick at that, and they're the guys who employ me.

    Also I have never been smart or organised enough to set up as a business, or limited company or whatever. I'm just me. And I have never taken a week off since I started. Which is to say - I can work, say two weeks in advance, supply the company with what they need, and then clear off to Spain or whatever. As long as they get the work, they don't care when I do it. So to all intents and purposes I have never missed a day.

    And yet I have no rights???



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