No notice period pay during holiday

[SimonMac]

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?

No you don't, you won't get paid for the two weeks you weren't there, want holiday pay go permie

[SueEllen]

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.

Again it depends.

I know contractors who have substituted with contractors who use to work for the client when they went on holiday.

The hand over for one was just telling the other guy what he was doing.

[BolshieBastard]

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.

In 17 years contracting, Ive only ever known one client pay 4 weeks in lieu of notice. That was on a NETA Project for a utilities client when they ruthlessly canned a number of contractors, including the senior programme manager.

[axon]

Thanks all for your helpful advice.

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

It turns out that there is no right to substitution clause and the contract falls within IR35. Does this fact change how holiday pay is treated or is a IR35 contractor still just a contractor with increased tax and NI liability and still without paid leave?

In 17 years contracting, Ive only ever known one client pay 4 weeks in lieu of notice. That was on a NETA Project for a utilities client when they ruthlessly canned a number of contractors, including the senior programme manager.

This is a similar situation. The client, a big city hedge fund has a lot at stake if word got out that they treat contractors poorly.

[northernladuk]

It turns out that there is no right to substitution clause and the contract falls within IR35.

You've only just found this out now or have you been declaring yourself inside for the whole gig?

Does this fact change how holiday pay is treated or is a IR35 contractor still just a contractor with increased tax and NI liability and still without paid leave?
.

Yep.

You could of course attempt to claim you are employee and take the client to court for your new employee rights. You'll get your holiday pay but be hated by every contractor alive (that have a clue what they are doing).

[eek]

Thanks all for your helpful advice.



It turns out that there is no right to substitution clause and the contract falls within IR35. Does this fact change how holiday pay is treated or is a IR35 contractor still just a contractor with increased tax and NI liability and still without paid leave?



This is a similar situation. The client, a big city hedge fund has a lot at stake if word got out that they treat contractors poorly.

Nope just because you are inside IR35 doesn't give you employment rights.

The important question is whether there is any mutuality of obligation between you and your end client see IR35: Mutuality of Obligation: what it is and what it is not :: Contractor UK for the details...

I'm guessing if you are under IR35 there probably isn't so then its a matter my contract says 4 weeks notice. Please pay up and no I won't drop it as you wrecked my holiday...

[Snarf]

You wouldn't have been paid for the two weeks holiday anyway?
If they are going to pay you for the two weeks following your holiday but don't want you in... Bonus, call the travel agent and get another week booked.

Don't try to get money from the client for time that you won't (and wouldn't) have been in the office working.. Theyll never have you back.

[SpontaneousOrder]

would you expect them to pay you for bank holidays during a notice period that didn't coincide with you going on holiday?