Being paid for a notice period

[Dougal1709]

Hi,

I have been working as a contractor at an investement bank through a consultancy firm. My contract with the consultancy states the notice period to be 30 days. Recently, the client terminated my contract after deciding to put the project I'm working on on ice for the forseeable future. I was given no notice of this and, as investement banks tend to do, was told to leave with immediate effect.

Should the consultancy be paying me for the 30 days of the notice period or since I was not actually able to go into the office to do any work for the client, can they avoid paying me as if I had been on holiday or off sick?

They are claiming that unless the client pays them for the notice period, they are not prepared to pay me. I would have thought that their contract with teh client is a seperate legal entity to their contract with me as the supplier?

Should I be chasing them for 30 day's worth of pay?

[BrilloPad]

What does your contract say about notice? Are they under any obligation to provide you with work?

If they are under obligation its a bad IR35 pointer!

[BrowneIssue]

Should I be chasing them for 30 day's worth of pay?

Stuff 'em. In the current climate, go for it. If it goes nowhere, you've lost a few hours of your time. You might end up having to settle for a week or two's money just to get you to shut up. Wouldn't that be a win?

Don't have pity on them, this is business.

[Olly]

Why on earth are you asking us? What does it say in your contract?

[BrilloPad]

Why on earth are you asking us? What does it say in your contract?

I think there is an assumption that there are some posters on here who are not trolls!

[chef]

"My contract with the consultancy states the notice period to be 30 days."

so from what you've said they owe you 30 days pay, if they havent got a back to back contract with the IB stating the same then that's their problem.

[BrilloPad]

"My contract with the consultancy states the notice period to be 30 days."

so from what you've said they owe you 30 days pay, if they havent got a back to back contract with the IB stating the same then that's their problem.

And are they under obligation to provide work on those 30 days?

[Olly]

Seriously though, without knowing what's written in his contract how can we know what he's agreed and advise accordingly.

In my experience, no contract I've ever had stipulated the client must provide work. That meant any notice period from them w.r.t. to getting paid for days not worked effectively meant squat.

In reality though, when client terminated contracted they always let me work out out the notice period in elapsed calender days (not billable days) . Never been in OPs situation but my calculated guess is that he does not have a leg to stand on.

But....if I were him...I'd read my flipping contract This thing must happen a lot in banking environment and perhaps contracts are structured accordingly.

[Turion]

Screw any of the 'it's great to lose lots of money cos it helps IR35' talk.

A real business invoices for monies it's owed and 30days notice is serious money, so chase after it if your contract allows.

[rootsnall]

And are they under obligation to provide work on those 30 days?

WHS, most contracts have a get out clause to cover this, no work to do and no pay even if you are serving your 30 days notice.