Terminated whilest serving notice

**SueEllen** · 1 June 2010, 19:41

Originally posted by humpty View Post

Do I have any legal comeback?

Nope.

You can be mistreated but as long as your mistreatment can't be classified under any of the discrimination acts then you can't do anything. (Even then unless it's blatant I would leave well alone.)

Put it down to experience and move on.

BTW there will be occasions where you p!ss of permies and they will leave.

**cojak** · 1 June 2010, 19:54

WSS.

Concentrate on the new contract.

**Wanderer** · 1 June 2010, 20:31

Welcome Humpty!

I agree with what the others said, especially considering that you have another contract to go to, you should put it behind you and concentrate on the new job. Hey one of the great things about contracting is being able to do this! :-)

**pmeswani** · 2 June 2010, 10:39

Originally posted by humpty View Post

I have just been terminated 2 weeks in to serving 4 weeks notice. A new permanent member of the team was recruited and made my life a misery. He told me that if I didn't like it I needed to decide if I would stay on or leave so within 24 hours of the conversation, I handed my notice in. He then set about piling more and more work on me until I was doing the work of 2.5FTE! When I suggested this was not a good idea, I was told to leave. I am not sure if I have any recourse. I have a new contract to go to so maybe I should leave it. Another part of me says to stand up for contractors everywhere who are mistreated like this! Do I have any legal comeback?

Just remember, you are more likely to earn a lot more than those permie bods. I wouldn't lose much sleep over it.

**mavster07** · 2 June 2010, 11:57

What poor advice.

IF they ask you to leave whilst serving notice, then they are legally obligated to pay out your notice period. Its the law.

You should invoice them for the remainder of the contract and if necessary take it all the way to enforce your rights with respect to the contract. Because they served 4 weeks notice, your presence there indicates you were prepared to honour your notice period, and it was they who were not. As such, you have a good legal case to obtain full payment. It will teach them a lesson not to mess around contractors and treat them like garbage.

**rsingh** · 2 June 2010, 12:12

Originally posted by mavster07 View Post

What poor advice.

IF they ask you to leave whilst serving notice, then they are legally obligated to pay out your notice period. Its the law.

You should invoice them for the remainder of the contract and if necessary take it all the way to enforce your rights with respect to the contract. Because they served 4 weeks notice, your presence there indicates you were prepared to honour your notice period, and it was they who were not. As such, you have a good legal case to obtain full payment. It will teach them a lesson not to mess around contractors and treat them like garbage.

If your contract is outside of IR35, then the above would push it inside. For an outside IR35 contract, there should be no Mutuality of Obligation (MOO). Therefore if they give you no work, or you don't turn up, you don't get paid. To do as Mavster07 states, would imply MOO and put you inside of IR35with all the inherent implications.

Just because you are serving notice, does not mean they have to provide paid work. You are not an employee.

In short, move on.

**lukemg** · 2 June 2010, 13:35

I wouldn't leave on this basis UNLESS I had another contract lined up.
If some a*se was trying to get me to leave in this fashion, it would only mean I would be more determined to stay the distance ! I have a hundred ways to delay and frustrate people like this, I would just keep asking what the priority is and pass all responsibility for what gets done first back to the person asking.

**mavster07** · 2 June 2010, 14:04

Originally posted by rsingh View Post

If your contract is outside of IR35, then the above would push it inside. For an outside IR35 contract, there should be no Mutuality of Obligation (MOO). Therefore if they give you no work, or you don't turn up, you don't get paid. To do as Mavster07 states, would imply MOO and put you inside of IR35with all the inherent implications.

Just because you are serving notice, does not mean they have to provide paid work. You are not an employee.

In short, move on.

Not true. A contract is a contract. Its a commercial agreement and its nothing to do with IR35 in this case. Trust me - have had a client try it on and they were forced to accept they had contractual obligations first and foremost that required them to honour or pay out the notice period. Remember, a good IR35 contract is around the supply of services. If one party elects to abandon that contract, the other is entitled to enforce their rights under it. If it were me, I'd stand the ground. You'll get more respect for doing that that taking the 'head in the sand approach' that its easier to cut and run. This is why the contracting market is as crap as it is - because not enough contractors stand up for their commercial rights and enforce their contract. If in doubt, get legal advice. Or better still, learn about contract law !

**ads1980** · 2 June 2010, 16:05

Originally posted by mavster07 View Post

Not true. A contract is a contract. Its a commercial agreement and its nothing to do with IR35 in this case. Trust me - have had a client try it on and they were forced to accept they had contractual obligations first and foremost that required them to honour or pay out the notice period. Remember, a good IR35 contract is around the supply of services. If one party elects to abandon that contract, the other is entitled to enforce their rights under it. If it were me, I'd stand the ground. You'll get more respect for doing that that taking the 'head in the sand approach' that its easier to cut and run. This is why the contracting market is as crap as it is - because not enough contractors stand up for their commercial rights and enforce their contract. If in doubt, get legal advice. Or better still, learn about contract law !

I agree with the above comment. 4 weeks notice is 4 weeks notice at the end of the day and if they told you to leave after 2 weeks then they should pay you off for the remainder. I would demand this from them.

Terminated whilest serving notice