Help: End of Contract

[Loads45]

I am new to contracting so wondering if someone can help with my issue. My contract was ended within 2 weeks after starting due to the fact that the contract was put on hold. I was told that my services will be transferred to another client with the consultancy however I went on holiday before the start date. The holiday which was agreed 10 month prior before I became a contractor (I previously worked as a permanent employee through another agency for the consultancy), I was then terminated given my contracted 1-week notice whilst I was on holiday.

My question is, can I claim payment for the 1-week notice? I ended up serving my notice on holiday with no payment.

Thanks,
Loads45

[NotAllThere]

If you didn't work it, chances are you're not going to get paid for it. Move on.

[northernladuk]

That sounds like an IR35 nightmare. Agreed 10 months before, being transferred to another client, previously worked with the consultancy. Sounds like a permie in disguise from that basic level of information. Might have dodged a bullet there.

You need to refer to your contract whenever there is a dispute. That's what it's there for. It will say you only get paid if you have a signed time sheet proving you did work I. E. No work, no pay. You are a contractor on a T&M basis so never expect to get anything you didn't do work for.

[RonBW]

My question is, can I claim payment for the 1-week notice? I ended up serving my notice on holiday with no payment.

Thanks,
Loads45

You'll need to look at your contract and see what it said about getting paid - if you have to have worked the notice period then you probably won't get anything because you did no work.

I'd invoice for the time and see what they say. You might end up with money, you might end up with evidence that you're a business who risks bad debt. I'd call that a win win situation!

[northernladuk]

Won't be a bad debt if he wasn't going to get paid I. E. No work without signed time sheet.

[Loads45]

Thanks, all. To be honest, I have moved on, this incident was 3 months ago. I brought it up here when a colleague mentioned I might have been shafted I really wouldn't mind working for the consultancy again so perhaps it's best to leave the situation as it is. Also, the IR35 point is a good one so perhaps it's a blessing in disguise.

[Lance]

Won't be a bad debt if he wasn't going to get paid I. E. No work without signed time sheet.

isn't 'bad debt' simply an accounting term with little legal bearing?
You don't need to be legally owed the money to be able to declare it as bad debt. Only a court can decide if it's really owed.

[northernladuk]

isn't 'bad debt' simply an accounting term with little legal bearing?
You don't need to be legally owed the money to be able to declare it as bad debt. Only a court can decide if it's really owed.

Maybe but you've got to apply a bit of common sense to the situation. If you weren't ever going to get something because of the contractual terms it can't be a debt. That's like me putting a bad debt of 20 quid in my books because when I ask you for 20 quid in an hour you'll turn me down flat.

[MrMarkyMark]

because when I ask you for 20 quid in an hour you'll turn me down flat.

My God.......................



You are far cheaper than I thought

[Lance]

Maybe but you've got to apply a bit of common sense to the situation. If you weren't ever going to get something because of the contractual terms it can't be a debt. That's like me putting a bad debt of 20 quid in my books because when I ask you for 20 quid in an hour you'll turn me down flat.

Invoicing for a 1 week notice period, without a signed time sheet wouldn't pass scrutiny as bad debt by an auditor. The suggestion was that it might be helpful for IR35. I'm not so sure either as financial risk is more about the old BETs I think isn't it?