self employed - termination of contract

J

joska

Registered User
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Hi,

My husband is self employed (IT). He got a contract signed with one of Dublin companies with the beginning of February 2012 - IT consultant for 2 days a week + every second Wednesday + "on call".

I have to mention that he was working with that company before for last 5 years (he was looking after IT job, web design etc from the beginning, actually all IT solutions in the company are his "idea" and work)in January 2012 he got redundant and his boss came with the idea of signing this contract.
Contract is signed until middle of December 2012, there is nothing about notice period. Contract is signed between ABC Company (let call them this way) and my husband name/trading name.

Now he found out (from one of the employees, not his boss/client) that his boss, who I presume is actually my husbands client - not actual boss, is looking to hire IT person from one of the unemployment scheme's as he is looking for savings in the company.

The question is: can ABC Company terminate the contract with my husband just like that? If they terminate the contract without the serious reason are there any money owed to my husband at this situation from ABC Company?

Or is just better to look for a legal advice with our solicitor? We have checked with Citizen Information and they've advised to contact their solicitor if we want to and open a legal case (but there is quite long waiting period).

What do you think?
 
Hard to say without seeing the contract but if its signed up to Dec 2012 then it sounds like a fixed term contract so it has to run until Dec 2012, to me it sounds like he wants to bring in a "jobbridger" and will look to get your husband to train him up. He might consider that training is not part of his contract with the company...
 
Unless there is a notice period (there is in mine, for example), then it's a simple fixed term contract.
I would not consider training permament staff to be part of my duties under my contract unless it was so specified.

Finally your husband's client cannot hire someone to replace your husband, as your husband was made redundent - by definition, the job no longer exists.

If your husbands ex-boss now wishes to hire someone else for that same job, your husband has a good case for unfair dismissal. He has 6 months from the time he was made redundant to file a claim and possible re-instatement.
 
to me it sounds like he wants to bring in a "jobbridger" and will look to get your husband to train him up. He might consider that training is not part of his contract with the company...
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contemporary, yes he actually placed advert for an IT person (with no experience). Training staff is my husbands main job. But contract is saying: "staff training" with no other description. 2 years ago my husband went to college, paid over 2k (web design). His boss didn't want to pay (even part) of the fees as he said that this course won't be usefull for the company. Second thing is - before he started looking for a new IT he asked my husband for a web design quotation, which my husband did and compare with other offers. His client said that this is really expensive, he wont pay up to 3k for web design and tech support. So now it looks like he gets an idea to get someone to do the website for free. So now the question is - does my husband need to train new person in web desing if the contract is not describing exactly whT "training staff" includes. My husband said that he can train new person but for an extra pay.

Unless there is a notice period (there is in mine, for example), then it's a simple fixed term contract.
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Sean.c, there's nothing in the contract about notice period. Just that the contract ends in December

Regarding being redundant it's quite complicated. My husband was employed as a supervisor for the last 5 years (his possition with the company was not IT realted), he did IT job beside his duties, without extra pay. He got redundant not as an IT.

My husband is awaiting for an appointement with citizen info legal advisor at the moment to see what he can do.

what do you think, can ABC company terminate contract and hire "jobbridger" for this same position? is this legal? for me it not.
 
"he did IT job beside his duties, without extra pay"

Hmm bit of a grey area there then. A job isn't just what's in the job description, it's what the person actually does day to day. So a Rights Commissioner might take the view that your husband's redundency is invalid because whilst "Part A" of the job didn't exist anymore, clearly "Part B" of the job is still ongoing, seeing as how the company is now hiring someone else to do the job. Your husband should have been offered a reduced role maybe.

But that's only what a Commissioner MIGHT decide... anyway it doesn't cost much to go to the rights commissioner and your husband needs to lodge a complaint before the 6 months is up. He can always withdraw it again.

Then again, is the salary on offer worthwhile and does your husband actually want to work there? Might he be better off finding new clients and putting himself out there as a contractor to other companies?
just food for thought, like.
 
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