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My employment ended on March 31st 2015 after 9 years. I have been working directly with the programme since April 1st and have just received the first months fee.
there is no dispute over the start date it is that some of the Board of Directors are saying that they do not recognise the validity of the contract that I have saying that when my contract with my employer who seconded me ended the contract with them ended also ended. I dont agree with this as it is a seperate consultants contract with the new company and requires notice to terminate the contract which has never been given.
In a letter after I sent them a copy of the agreement in order to prove that I have a contract they replied.
The Board takes a different view to you on your employment arrangements. It is the Board’s understanding that your contract was with ITF and that you were seconded to MPHRP. Any documentation with MPHRP was intended to be a job description and not a contract of employment.
However the document states
Monday 13th August 2012.
373 Metro Central Heights
I am writing to confirm the terms of our agreement concerning the provision of your consultancy services to the Maritime Piracy Humanitarian Response Programme, (MPHRP) as Programme Director.
You shall provide your services to the MPHRP commencing on 1st January 2012 for a period of 36 months and thereafter by mutual agreement, provided however that this agreement may terminated by either party giving to the other not less than one months’ prior written notice or as otherwise provided in this letter. The MPHRP will be entitled to make a payment in lieu of notice.
This therefore to my mind this is a contract and therefore they are wrong. Am I write and should I persue this and if so how?
it matters as this is my income and so I need to be protected against these board of directors who believe that they can ignore the legal standing of a contract and just dismiss people without payment if the contract is not valid. Taking into account that I have worked under this contract for three years and that they have now paid me for working for then in April. So I need legal advice as to whether the contract I have is legal and has to be abided by. I need advice as to whether I have anything to protect myself and my income.
I asked for a new contract from April 1st and this is what started this debate about whether I had one or not. They as you see disagree with me even though they havent taken legal advice.
I dont claim to be employed by them but I have provided services as a consultant. and its that contract I say continued beyond my employment with my employer who seconded me, please offer more advice again
1.They are not my employer as they pay me a fee for consultancy services.
2. They have paid my expenses for three years and now my fee for April.
3. Yes the notice period is in line with the original contract.
If the contract is not valid then they can't give notice or the payment in leiu of notice that it states. Also I have control of bank accounts and issue contracts to other consultants so what is the legality of my actions for the past month if the contract is not valid.
Thanks Jenny.for your response.