Contract Notice Period Advice

[Moose423956]

Would appreciate some advice.

My current 6-month contract was originally due to end on 21st December. However, the project on which I'm working was recently cancelled, and so the agency gave me 4 weeks notice (as per my contract with them) on 17th November, so my last day was brought forward to 15th December.

The client now says they want me out on 13th (don't know why, it's the same for the other contractors in the team), so there will be 2 days when I should be working here, but will not be able to. That's about £600 gross on my current rate.

As I don't have another contract to go to, I need that money, so how do I go about getting it? Is the agent obliged to pay for the 2 days work, even though it was never carried out? How do I go about getting the money?

[Ardesco]

Just invoice for it. If you have a 4 week notice period in your contract it is legally binding and the agency has to pay.

[premiere]

It doesn't matter whether the end client asks you to go today. The agency still have to pay you the contracted 4 weeks notice.

[Moose423956]

That's pretty clear. Thanks.

[TheFaQQer]

Invoice and see what they say. If they don't pay it, you can always use it as proof that you took a risk and lost money on the contract, therefore helps to prove outside IR35. If they are obliged to pay (and don't), you can then add interest onto the late payment.

I had a similar thing on a project this year, where the client terminated the contract early, rang me at 830 Friday morning, and told me not to come in to work. I invoiced for the day (I asked if I should and was told to invoice for the Friday), but they never paid it. After much angst, I decided that the 1 day wasn't worth the hassle of chasing over, and will use it as part of any IR35 investigation - I was out of pocket, therefore less likely to be IR35.

Someone I discussed it with just said that paid notice is what permies get. Contractors don't. Not sure I agree with that, really.

[Denny]

Invoice and see what they say. If they don't pay it, you can always use it as proof that you took a risk and lost money on the contract, therefore helps to prove outside IR35. If they are obliged to pay (and don't), you can then add interest onto the late payment.

I had a similar thing on a project this year, where the client terminated the contract early, rang me at 830 Friday morning, and told me not to come in to work. I invoiced for the day (I asked if I should and was told to invoice for the Friday), but they never paid it. After much angst, I decided that the 1 day wasn't worth the hassle of chasing over, and will use it as part of any IR35 investigation - I was out of pocket, therefore less likely to be IR35.

Someone I discussed it with just said that paid notice is what permies get. Contractors don't. Not sure I agree with that, really.

Unless the rest of your contract commercial relationship in practice as well as on paper is well outside of IR35, and most aren't with IT contractors, then you should screw them for every penny you can.

According to too many contributors on this forum, we are only real businesses between contracts or at the point of termination, not during.

Considering that each working contract is treated separately by the IR, I hope you too can see what a nonsense such advice is.