Approaching a customer

[mekondelta]

I work on one contract for an 'employer'. I was a freelancer but now work part time on ostensibly employment basis but without contract. Its a very small company but I do +95% of the work on this contract and the contract holder has no expertise in the service that I provide, so really he meets with the customer occassionally and takes roughly the same as I do for doing the work. Well thats capitalism I guess. The 'employer' deliberately creates opacity with me and with the customer for his own ends and has moved the goalposts of my arrangement on a few occassions. I like the work, its my skillset, the values of the customer reflect mine and I am happy(ish) with the money I am paid. It seems to me that everybody would be better off if we just worked directly, except for the intermediary, who as far as I can see adds little to no value to the situation. Obviously I could approach the client but the risk is that I end up out of a job, or worse. Any advice?

 

[NickGrogan]

You are an employee of the business and you would like to approach a client of the business, and work with them directly, cutting out your employer, whilst you still work for them?

How will that sound to the client?
Do you plan to quit your job first, or carry on working for the employer?
What will you tell the employer?

 

[Mark T Jones]

What does your contract say?

Best case, you earn a bit more and have alienated your employer

Worst case you have no employer and no customer.

 

[mekondelta]

You are an employee of the business and you would like to approach a client of the business, and work with them directly, cutting out your employer, whilst you still work for them?

How will that sound to the client?
Do you plan to quit your job first, or carry on working for the employer?
What will you tell the employer?

Yes I appreciate how it sounds. This is the only work I do for the employer i am fundamentally a sole trader. There are 3 people in the company in total and my responsibilities have always been understood and in line with my skills. I received an email further to a meeting by the other two, shifting my work away from what i have been doing so that the other person can start doing it. They dont have other work that reflects my skill set. Which sounds to me like I am being squeezed out.

 

[mekondelta]

What does your contract say?

Best case, you earn a bit more and have alienated your employer

Worst case you have no employer and no customer.

Im not sure I care to be honest about the employer but I do like working for the client.

 

[Mr D]

Yes I appreciate how it sounds. This is the only work I do for the employer i am fundamentally a sole trader. There are 3 people in the company in total and my responsibilities have always been understood and in line with my skills. I received an email further to a meeting by the other two, shifting my work away from what i have been doing so that the other person can start doing it. They dont have other work that reflects my skill set. Which sounds to me like I am being squeezed out.

It sounds like you are actually an employee.
May want to check on that regarding pay, pension, leave, sick pay etc.

 

[Paul Norman]

If your employer is smart, this will be covered in the contract between them, and the client. If the client employs you directly, the client will be liable for a significant fee.

If their is no such contract, then it would come down to how the client feels about it.

You are risking ending up with a lot of bad blood and no job here.

 

[mekondelta]

It sounds like you are actually an employee.
May want to check on that regarding pay, pension, leave, sick pay etc.

Yeah I am definitely an employee but its more a marriage of convenience rather than true romance. I was happy to have the regular work agreed but actually in spirit its between freelance and employment.

 

[mekondelta]

If your employer is smart, this will be covered in the contract between them, and the client. If the client employs you directly, the client will be liable for a significant fee.

If their is no such contract, then it would come down to how the client feels about it.

You are risking ending up with a lot of bad blood and no job here.

The contract gets rolled every three months. Indeed, but that sort of thing doesnt bother my employer. Personally, its not my thing, so just checking my thoughts really. Im for the quiet life. He's got a large trail of bad blood following in his wake so I've entered into the situation knowingly.

 

[Mr D]

Yeah I am definitely an employee but its more a marriage of convenience rather than true romance. I was happy to have the regular work agreed but actually in spirit its between freelance and employment.

Spirit doesn't mean a lot. Legal does.

 

[mekondelta]

Spirit doesn't mean a lot. Legal does.

Well ultimately yes. When its a part time job that isnt making you enough to pay the legal fees, then probably not.

 

[Mr D]

Well ultimately yes. When its a part time job that isnt making you enough to pay the legal fees, then probably not.

What legal fees do employees have?

 

[mekondelta]

Well none. But I am saying that fundamentally I went from a freelancer to a perm part time role and nothing changed except that I dont hand an invoice in with the timesheet. If the employer wanted to get rid of me there is a difference between employment and freelancing, legally. In spirit, I get the impression that he feels that he can and would say 'we dont need you any more' whilst he still has the contract that I do the work for. So I am not a legal expert but Im guessing that you cant make people redundant if their work still exists although I am aware of the concept of bumping. they can maintain the contract without me, but poorly, although thats just my perspective. So anyway, this all came about because I get the feeling that he wants to shift me out of my role so that he can say he doesnt need me anymore. I like the work and the client and they like me. Would I fight a legal case should my redundancy be 'unsound'? No. I really just wanted to sound people out. Its a charity, nice people, I like the work, it suits me.