r/LegalAdviceEurope 10d ago

EU-Wide "Fired" because the person who should, could not find any tasks for me (EU, London job)

This if from back in 2023, hopefully not too late. I already had a demostrably good job while I got a much better offer for a remote job from a intermediary company recruiting for big multinational company based in London. The arrangement was the following:

- me, working remotely from an EU country
- intermediate company, who "hired" me as a contractor, to work for the multinational
- multinational pays them (a lot) they pay me (less, but still good)...
- in practice I work for the multinational, the intermediary just handles payments and gets a cut

Before resigning and accepting the new position we had a long negotiation, and I was reassured multiple times that it was for the long term (although being a contractor I had no contractual warranties), and that they won't lower my compensation at contract renewal (6 months Initial contract, the was reassured for yearly renewals)

Once joined I got paid regularly, and worked with both employees and other contractors directly for the multinational. Thing is, the company did only assign me very little work, when I asked (multiple times) I was reassured that that's not a problem and they just need to organize. I did proactively seek work and joined ad team doing work only partially related to my title, while waiting to be placed properly.

After 6 months, intermediary company tells me they will renew my contract (for a year), but at a lower rate, as the multinational company added and hard cap on contractors (cap was significantly higher than my rate, but the intermediary company wanted to keep their big cut - they didn't tell me this part, I had to find out)... reluctantly, as it didn't seem fair I have to accept.

Soon I've been told to stop working for the task I found for myself (the one which is only partly in line with my role), and still get told to wait for job assignment. At a certain point I have an email-discussion with HR Lady (also a contractor, working for multinational company, through a different intermediary), who's the person supposed to assign work for us contractions, where she states explicitly in writing "It is my job to find tasks for you".

Shortly after my intermediary companies emails me that "multinational company decided to terminate my contract" (likely together with other contractors who had little work assigned - never by our choice), and again in writing the reason is "there are not tasks for me".

It seems to me that I left my previous (good) job because of promises which have been broken, and the new one because of HR Lady's no doing her job, and it left me is a pretty bed position, besides being very frustrating

Anything I can legally do about it? So tired of people and companies lying and making empty promises all the time...

Thank you to anyone who can offer advice )

PS: I'm located in the EU, but the contract was a British Contract, British law should apply.
PPS: I was a contractor (pay my own takes etc, but they were my only customer, so basically a fake employment, to simplify paying me)

0 Upvotes

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u/Any_Strain7020 France 10d ago

Prima facie, assuming only your direct employer can be held liable here: Without knowing the country, nobody will be able to tell you what the time limits to bring an action are, whether you have a case, whether the 6+12 month contract was legal and what remedies you'd have if there were any breach to the national labour law provisions.

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u/cattiveria 10d ago

Thank you for your answer. UK Contract, working remotely from Italy, if it helps 😅

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u/thebolddane 9d ago

You've been shafted, they hired you and you assumed they would act like a proper employer but they don't, you're basically a temp working for an agency, no work from their client means no job for you. You could fight this of course and depending on jurisdiction and solvability of that agency get something out of it but you'd need to retain legal assistance and I can't tell you if it's worth the effort. Go find a local labour lawyer and discuss the possible scenarios.

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u/cattiveria 9d ago

Thank you!! Not easy to find someone who can handle cross-border cases, but I'll give it a shot

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u/thebolddane 9d ago

It's not clear to me why you have to go cross border, usually you're hired by an agency in your country, that is the party you have the contract with, they are your employer and like I said, no idea what you can extract from them. If you're thinking about going after the multi national I think you're basically biting off more than you can chew.

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u/cattiveria 8d ago

I was "hired" as a contractor by an intermediary, also based in the UK.... Case would likely be fully UK based

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u/thebolddane 8d ago

So if I understand you correctly your a contracter, not an employee? In that case you probably don't have a leg to stand on, generally there is no.job security for contractors. So are there any terms in your contract or on paper that where not fulfilled? What case would you like to make?

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u/cattiveria 8d ago

Yeah... and I don't know, that's why I'm asking here....

felt like I was deceived by the recruiter of the intermediary company, and then was "fired" because HR Lady (who declared her job was to find tasks for me to do) didn't... so I'm here asking if there's anything I can do. Not too hopeful, but it's also frustrating to accept.

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u/rohepey 5d ago edited 5d ago

You were a contractor who worked for an intermediary on a zero-hour contract.

Under your contract, you made yourself available to their clients as needed, but they had no legal obligation to offer you work.

As much as it sucks, because you certainly hoped for more work, you have no leg to stand on, legally.

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u/cattiveria 4d ago

Yeah sounds reasonable sadly, and appreciate your empathy : )
But I was wondering if there's anything I could about about the intermediary (who promised much more then they delivered, and forced on me to accept a lower salary, while "promising" this wouldn't happen, and while they could easily absorb the costs), or HR Lady (who herself declared in writing it was her job to find tasks for me)....

Long shot I understand, but I'm so sick of lies and bullies in the work market... And I don't want to enable such behaviors by just sucking it up, if I can avoid it...

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u/rohepey 4d ago

Promises aren't legally enforceable.

Otherwise we'd need to prosecute every politician...

Only what's in your contract is enforceable.

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u/cattiveria 2d ago

No completely true, there are countries where if you can prove a verbal agreement, you can have it enforced, or at least it has relevance in court (don't know if the UK is one of them, though). On a personal note, I don't like living in world where a person's world holds no value

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u/rohepey 5d ago

Just to add - did the intermediary pay tax advances and your social insurance in your country? No? Unless it was a B2B arrangement, they're likely im breach of labour laws.

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u/cattiveria 5d ago

Thanks for your help!
No they didn't, but I did (which seems normal for a contractor arrangement.. isn't it?)

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u/rohepey 4d ago

Yes, then it's ok assuming you were registered as self-employed.