No notice period pay during holiday

[axon]

Contract was cancelled early with a one month notice period and I was informed of this on the first day of a 2 week holiday. The cheeky client wants to reduce the notice period to 2 weeks since I was technically not able to work during the holiday even though I was told not to come back in after returning from the holiday. Do I have the right to claim the full one month's notice?

[SueEllen]

Yes.

Point out you have a right of substitution clause and would have put in a sub if needed.

[TheFaQQer]

You get the one month's notice. You are told not to come in, and don't send anyone else in in your place. You invoice for the work that your company did during that time.

Simple.

[eek]

You get the one month's notice. You are told not to come in, and don't send anyone else in in your place. You invoice for the work that your company did during that time.

Simple.

Yep the we have work to do trumps the substitution argument.

My advice, enjoy your holiday and come back refreshed in early September to find a new contract.

[SueEllen]

You get the one month's notice. You are told not to come in, and don't send anyone else in in your place. You invoice for the work that your company did during that time.

Simple.

Actually it isn't that simple.

Some clients will pay your notice period as a penalty clause if they cancel the contract.

Remember not every contract has the same wording.

[TheFaQQer]

Actually it isn't that simple.

Some clients will pay your notice period as a penalty clause if they cancel the contract.

Remember not every contract has the same wording.

Given that this one wants to cut the notice period, I suspect that they aren't going to have something in there that means they have to pay to do that.

But you're right - it could be more complex.

[northernladuk]

Actually it isn't that simple.

Some clients will pay your notice period as a penalty clause if they cancel the contract.

Remember not every contract has the same wording.

But this is very uncommon. What is more likely is that a client doesn't know how we work so just pays the notice like the rest if the employees. If it's in the contract no pay without a signed time sheet for work done it's black and white yet they still pay for work not done. That's a client mess up not adhering to contract.

[LondonManc]

But this is very uncommon. What is more likely is that a client doesn't know how we work so just pays the notice like the rest if the employees. If it's in the contract no pay without a signed time sheet for work done it's black and white yet they still pay for work not done. That's a client mess up not adhering to contract.

I'd say you're talking as much from bad experience as anything.

I've had a contract cut short twice. One was finish the piece of work you're on, get your timesheet, etc. sorted and get off site and the other was four weeks notice to be worked, for which I timesheeted, invoiced and was paid.

While they don't have to give you work, similarly they may not want a reputation as a clientco who will ditch contractors at a moment's notice.

[northernladuk]

I'd say you're talking as much from bad experience as anything.

Not this type of experience. Been canned twice and in both cases they attempted to plan it a month in advance. Same outfit twice as it happens and had a good relationship with them. They trusted I wasn't about to bail just because I had been given notice. The second time work started trailing off so asked if I could leave early if I found a gig and they agreed. Ended up leaving a week early (and not getting paid for it of course).

They were as decent as they could be with me and vice versa. If they had said two weeks and we are out of cash I'd have been a tad narked but not enough to go round hating the client and posting it all over the forums though. I'd like to think I could spot a struggling project and have contingencies in place and be in a position to know when an exit is looming.

I'll bet the signs are there in a large number of these instant termination situations and people just don't see them.

[northernladuk]

Yes.

Point out you have a right of substitution clause and would have put in a sub if needed.

But this won't work. The idea of offering a substitute is someone that can do what you were doing and provide a seamless handover. You can't do this when you are aware. It will require you to spend your own time and effort getting this person up to speed and onsite to fill your boots. Using the substitution clause does not mean you can just offer some random new bod up. Well it can but it won't wash.