Yet another Notice Question

[moodymage]

Apologies. I've been searching around the forums but haven't found the answer to my question/s.

I was given a 3 month contract, a week in and the project has been cancelled. Fair enough, it happens. I have two questions in and around the notice period in the contract.

1. The contract states a 10 day notice period (it makes no mention or working or non-working days - simply 10 days). It this usually seen as 10 consecutive days or two working weeks? Where can I find precedence or an official ruling on this? Should I challenge if I'm unhappy with the agency interpretation?
2. I found out around 3pm today (Friday) that the project was being cancelled. Should this count as one of the notice days? Friday afternoon is not a great time for lining up a new contract...

Appreciate these are probably old questions being asked yet again. If so just point me in the direction of the answers and it's be appreciated.

[chopper]

Yet another notice period question, so therefore the same notice period answer.

As a rule, your contract would be "no timesheet, no pay", so if there is no work for you during your 10 day notice period, then there would be no signed timesheet, and therefore no ability to pay. (The notice period is really to stop the AGENCY doing the dirty on you, not your client).

Some will tell tales of notice periods being paid, your client may decide to sign your timesheets for the notice period anyway, but they might not. I suspect that is the exception rather than the rule.

As you are only one week in, if the project has been canned and you were asked not to come back, then odds are that you will be paid for the first week and that will be it. Some crafty clients/agencies will try and avoid paying you for that first week too, or will at least drag their heels over signing your timesheet and coughing up, but that really isn't on.

[moodymage]

The thing is I think if I were to be persistent and come up with a precedent then they may concede. I'm most interested in the 10 days equals two working weeks OR 10 days equals ten consecutive days question as I feel they are being a bit sneaky by including four days of weekends in those 10 days.

[SlipTheJab]

The thing is I think if I were to be persistent and come up with a precedent then they may concede. I'm most interested in the 10 days equals two working weeks OR 10 days equals ten consecutive days question as I feel they are being a bit sneaky by including four days of weekends in those 10 days.

Does it say 10 days or 10 working days, sounds like it should be the latter, did you get the contract reviewed? In either case as has been said notice periods are a waste of time really as coupled with no timesheet = no pay they are moot.

[mudskipper]

Start by invoicing for 10 days and see what they come back with.

They may pay without question, or they may tell you you're having a giraffe.

[SueEllen]

Start by invoicing for 10 days and see what they come back with.

They may pay without question, or they may tell you you're having a giraffe.

^^^This.

I've had noticed periods paid and notice periods not paid when projects have been canned.

[northernladuk]

Speak to IPSE. If youve got IPSE+ you may be able to get into £1000 off them as part of the business interruption policy.

[northernladuk]

Appreciate these are probably old questions being asked yet again. If so just point me in the direction of the answers and it's be appreciated.

And they have... Many times so your best bet is to go to the FAQ section and read the sticky called how to search forums and read the other threads. People get tired of going over old ground so you aren't going to get the best response. Quick clue is to type
notice period site:forums.contractoruk.com
In to google.

[pmeswani]

Did your client say that they will pay you for the notice period? If they did, did you ask for them to put it in writing? Whilst this won't necessarily stand up in court, it may be seen as legally binding, however it isn't a guarantee. Ultimately, you have to ask yourself whether there was any work available for the 10 days after you were terminated and whether the client is obligated to provide you with that work. If not, you may not be entitled to anything after you were shown the door.

[northernladuk]

Did your client say that they will pay you for the notice period? If they did, did you ask for them to put it in writing? Whilst this won't necessarily stand up in court, it may be seen as legally binding, however it isn't a guarantee. Ultimately, you have to ask yourself whether there was any work available for the 10 days after you were terminated and whether the client is obligated to provide you with that work. If not, you may not be entitled to anything after you were shown the door.

But his contract is with the agent so if the client says it it means nothing surely?