Contract advice please.
Discussion
I’m a self employed sub contractor that was on a years contract to work on a farm as a herd manager.i was 6 months into the contract,the Farm was run by 3 brothers,who did not get on with each other and I’ve been caught in the middle of all the fall outs,and it’s all come to a head 2 weeks ago where my doctor told me to self certify myself off with stress.i have not had a day off apart from every other weekend as stipulated in the contract,I’ve asked to use my holiday days but have always been refused due to one thing or another,and that and the constant being caught in the middle has got too much for me.
I went back to the doctor who signed me off for a fortnight,informed the Farm and an hour later the agency I sub contract for and have the contract with informed me they don’t want me back there!!
My question I need advice is where do I stand,it stipulates there is a 2 month notice period I have to give and vice versa,they told me I could work my notice else where as relief work but to be honest I’m fed up with the whole situation of working for them and want to move on. Can I put a claim in to the small claims court as the 2 months notice is worth £6200 and I’m still owed half a months wages for the work I’ve done and my rent that was paid by the Farm hasn’t been paid and my landlord who knows the Farm has now served notice on me even tho I’ve paid the rent out of my own money. Sorry for the long winded post but any help would be much appreciated.
I went back to the doctor who signed me off for a fortnight,informed the Farm and an hour later the agency I sub contract for and have the contract with informed me they don’t want me back there!!
My question I need advice is where do I stand,it stipulates there is a 2 month notice period I have to give and vice versa,they told me I could work my notice else where as relief work but to be honest I’m fed up with the whole situation of working for them and want to move on. Can I put a claim in to the small claims court as the 2 months notice is worth £6200 and I’m still owed half a months wages for the work I’ve done and my rent that was paid by the Farm hasn’t been paid and my landlord who knows the Farm has now served notice on me even tho I’ve paid the rent out of my own money. Sorry for the long winded post but any help would be much appreciated.
fred flange said:
I’m a self employed sub contractor that was on a years contract to work on a farm as a herd manager.i was 6 months into the contract,the Farm was run by 3 brothers,who did not get on with each other and I’ve been caught in the middle of all the fall outs,and it’s all come to a head 2 weeks ago where my doctor told me to self certify myself off with stress.i have not had a day off apart from every other weekend as stipulated in the contract,I’ve asked to use my holiday days but have always been refused due to one thing or another,and that and the constant being caught in the middle has got too much for me.
I went back to the doctor who signed me off for a fortnight,informed the Farm and an hour later the agency I sub contract for and have the contract with informed me they don’t want me back there!!
My question I need advice is where do I stand,it stipulates there is a 2 month notice period I have to give and vice versa,they told me I could work my notice else where as relief work but to be honest I’m fed up with the whole situation of working for them and want to move on. Can I put a claim in to the small claims court as the 2 months notice is worth £6200 and I’m still owed half a months wages for the work I’ve done and my rent that was paid by the Farm hasn’t been paid and my landlord who knows the Farm has now served notice on me even tho I’ve paid the rent out of my own money. Sorry for the long winded post but any help would be much appreciated.
Hi FredI went back to the doctor who signed me off for a fortnight,informed the Farm and an hour later the agency I sub contract for and have the contract with informed me they don’t want me back there!!
My question I need advice is where do I stand,it stipulates there is a 2 month notice period I have to give and vice versa,they told me I could work my notice else where as relief work but to be honest I’m fed up with the whole situation of working for them and want to move on. Can I put a claim in to the small claims court as the 2 months notice is worth £6200 and I’m still owed half a months wages for the work I’ve done and my rent that was paid by the Farm hasn’t been paid and my landlord who knows the Farm has now served notice on me even tho I’ve paid the rent out of my own money. Sorry for the long winded post but any help would be much appreciated.
Not good to hear you are getting stressed out by all of this.
Pretty mixed up issues.
Keep the employment and rental separate.
Would query the self-employed and still be entitled to holidays being paid by someone else. Same with your 'contract' is it a contract of employment or contract for the work you are to do?
Notice period - 2 mths? sounds like they have offered you to work elsewhere but you don't want to. Why would they be responsible for paying you if you are turning down the work? - again issues of are you self-employed or an employee? If you just left without notice then they may sue you for breach of contract.
You will need paid for advice as the above is a minefield.
Rentals I can help with much more as its my day job.
Rent - to be paid by the farm but hasn't? Whats written in your 'contract' of employment or engagement about the rent?
Whats written in the tenancy agreement? is it an AST? who is the tenant? who should be paying you or the farm? Should the farm being paying the rent direct to the landlord or to you?
When did the tenancy start? What is the duration of the tenancy? Was a deposit paid? What paperwork did they give you?
Edited by superlightr on Tuesday 6th March 12:34
I am contracted to work for 285 days out of 365,so the rest are days off(every other weekend plus @28 days holiday.i am a sub contractor to an agricultural agency and am contracted by them to work for the farmer for 12 months.
I have been having a few issues at home with my relationship and due to long hours 5 am starts break in the middle of the day and then finish at 7pm grief at home causing lack of sleep grief at work something had to give and it was me!! I virtually begged for a day off on my weekend on to get my home life sorted but was told no wait until April!!! The contract says I must give and they must give 8 weeks notice it also states the farmer shall pay the rent and council tax(standard practice for most contract herdsman jobs) which the Farm had been doing except the council tax which I had been paying and they said would pay back,the farm were a guarantor on the house but I paid all the deposit etc, now because I’ve been told not to go back the landlord has given me 2 months notice so that’s where I stand,the agency are now offering me relief work 3 hrs away from where I live and due to just about resolving my home life that is the last thing I want!! I’ve been talking it over with the mrs about changing my career as I’m not getting any younger (50) it’s hard work long hours etc it would entail me taking a huge pay cut but hopefully better work life balance trouble is farming is all I’ve done since school!
I have been having a few issues at home with my relationship and due to long hours 5 am starts break in the middle of the day and then finish at 7pm grief at home causing lack of sleep grief at work something had to give and it was me!! I virtually begged for a day off on my weekend on to get my home life sorted but was told no wait until April!!! The contract says I must give and they must give 8 weeks notice it also states the farmer shall pay the rent and council tax(standard practice for most contract herdsman jobs) which the Farm had been doing except the council tax which I had been paying and they said would pay back,the farm were a guarantor on the house but I paid all the deposit etc, now because I’ve been told not to go back the landlord has given me 2 months notice so that’s where I stand,the agency are now offering me relief work 3 hrs away from where I live and due to just about resolving my home life that is the last thing I want!! I’ve been talking it over with the mrs about changing my career as I’m not getting any younger (50) it’s hard work long hours etc it would entail me taking a huge pay cut but hopefully better work life balance trouble is farming is all I’ve done since school!
Edited by fred flange on Tuesday 6th March 15:29
Edited by fred flange on Wednesday 7th March 15:40
I am contracted to work for 285 days out of 365,so the rest are days off(every other weekend plus @28 days holiday.i am a sub contractor to an agricultural agency and am contracted by them to work for the farmer for 12 months.
I have been having a few issues at home with my relationship and due to long hours 5 am starts break in the middle of the day and then finish at 7pm grief at home causing lack of sleep grief at work something had to give and it was me!! I virtually begged for a day off on my weekend on to get my home life sorted but was told no wait until April!!! The contract says I must give and they must give 8 weeks notice it also states the farmer shall pay the rent and council tax(standard practice for most contract herdsman jobs) which the Farm had been doing except the council tax which I had been paying and they said would pay back,the farm were a guarantor on the house but I paid all the deposit etc, now because I’ve been told not to go back the landlord has given me 2 months notice so that’s where I stand,the agency are now offering me relief work 3 hrs away from where I live and due to just about resolving my home life that is the last thing I want!! I’ve been talking it over with the mrs about changing my career as I’m not getting any younger (50) it’s hard work long hours etc it would entail me taking a huge pay cut but hopefully better work life balance trouble is farming is all I’ve done since school!
I have been having a few issues at home with my relationship and due to long hours 5 am starts break in the middle of the day and then finish at 7pm grief at home causing lack of sleep grief at work something had to give and it was me!! I virtually begged for a day off on my weekend on to get my home life sorted but was told no wait until April!!! The contract says I must give and they must give 8 weeks notice it also states the farmer shall pay the rent and council tax(standard practice for most contract herdsman jobs) which the Farm had been doing except the council tax which I had been paying and they said would pay back,the farm were a guarantor on the house but I paid all the deposit etc, now because I’ve been told not to go back the landlord has given me 2 months notice so that’s where I stand,the agency are now offering me relief work 3 hrs away from where I live and due to just about resolving my home life that is the last thing I want!! I’ve been talking it over with the mrs about changing my career as I’m not getting any younger (50) it’s hard work long hours etc it would entail me taking a huge pay cut but hopefully better work life balance trouble is farming is all I’ve done since school!
Edited by fred flange on Tuesday 6th March 15:29
Edited by fred flange on Thursday 8th March 22:48
I am contracted to work for 285 days out of 365,so the rest are days off(every other weekend plus @28 days holiday.i am a sub contractor to an agricultural agency and am contracted by them to work for the farmer for 12 months.
I have been having a few issues at home with my relationship and due to long hours 5 am starts break in the middle of the day and then finish at 7pm grief at home causing lack of sleep grief at work something had to give and it was me!! I virtually begged for a day off on my weekend on to get my home life sorted but was told no wait until April!!! The contract says I must give and they must give 8 weeks notice it also states the farmer shall pay the rent and council tax(standard practice for most contract herdsman jobs) which the Farm had been doing except the council tax which I had been paying and they said would pay back,the farm were a guarantor on the house but I paid all the deposit etc, now because I’ve been told not to go back the landlord has given me 2 months notice so that’s where I stand,the agency are now offering me relief work 3 hrs away from where I live and due to just about resolving my home life that is the last thing I want!! I’ve been talking it over with the mrs about changing my career as I’m not getting any younger (50) it’s hard work long hours etc it would entail me taking a huge pay cut but hopefully better work life balance trouble is farming is all I’ve done since school!
I have been having a few issues at home with my relationship and due to long hours 5 am starts break in the middle of the day and then finish at 7pm grief at home causing lack of sleep grief at work something had to give and it was me!! I virtually begged for a day off on my weekend on to get my home life sorted but was told no wait until April!!! The contract says I must give and they must give 8 weeks notice it also states the farmer shall pay the rent and council tax(standard practice for most contract herdsman jobs) which the Farm had been doing except the council tax which I had been paying and they said would pay back,the farm were a guarantor on the house but I paid all the deposit etc, now because I’ve been told not to go back the landlord has given me 2 months notice so that’s where I stand,the agency are now offering me relief work 3 hrs away from where I live and due to just about resolving my home life that is the last thing I want!! I’ve been talking it over with the mrs about changing my career as I’m not getting any younger (50) it’s hard work long hours etc it would entail me taking a huge pay cut but hopefully better work life balance trouble is farming is all I’ve done since school!
Edited by fred flange on Tuesday 6th March 15:29
Edited by fred flange on Friday 16th March 12:55
What you describe sounds more like a disguised employee than a real contractor, particularly your lack of control of attendance, which is a big red flag.
You need to speak to/pay for a proper specialist about how best to proceed. This will depend on the details of the contract. However even if you are really a disguised employee it could still be in your best interest to proceed as a contractor, invoice and pursue as a regular bad debt as necessary. A specialist can give you advice based on your details, rather than the general case.
You need to speak to/pay for a proper specialist about how best to proceed. This will depend on the details of the contract. However even if you are really a disguised employee it could still be in your best interest to proceed as a contractor, invoice and pursue as a regular bad debt as necessary. A specialist can give you advice based on your details, rather than the general case.
PM me your contracts (if in writing) or (if not in writing) a detailed summary of what you agreed.
My initial thought is that if you are offered work elsewhere during the notice period you may not sustain any loss, and in general you only have a claim if you suffer a measurable loss, but please tell me the facts in more detail.
I share the scepticism expressed by others above as to whether you have really been self employed. What the parties call a relationship is not determinative of what that relationship is.
My initial thought is that if you are offered work elsewhere during the notice period you may not sustain any loss, and in general you only have a claim if you suffer a measurable loss, but please tell me the facts in more detail.
I share the scepticism expressed by others above as to whether you have really been self employed. What the parties call a relationship is not determinative of what that relationship is.
Breadvan72 said:
PM me your contracts (if in writing) or (if not in writing) a detailed summary of what you agreed.
My initial thought is that if you are offered work elsewhere during the notice period you may not sustain any loss, and in general you only have a claim if you suffer a measurable loss, but please tell me the facts in more detail.
I share the scepticism expressed by others above as to whether you have really been self employed. What the parties call a relationship is not determinative of what that relationship is.
This is the best offer you will get on this forum.My initial thought is that if you are offered work elsewhere during the notice period you may not sustain any loss, and in general you only have a claim if you suffer a measurable loss, but please tell me the facts in more detail.
I share the scepticism expressed by others above as to whether you have really been self employed. What the parties call a relationship is not determinative of what that relationship is.
OP - take Breadvan72 up on it.
It's very decent of him to offer. (Barrister with a big brain).
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