Notice period not given by client

[malvolio]

Very little without a signed timesheet regardless of what the law says.

Yes, I agree. The contract will say something about payment being conditional on a signed timesheet. He hasn't got one, so no contract breach has occurred. Correcting why he is in that position would cost far more than it would return.

[NotAllThere]

All that understanding of the realities of notice periods aside, what is his recourse to getting the monies for the three days' worked?

I'd say 50/50. He needs to get his brolly to start dunning.

[LetterBox]

If they have terminated the contract then someone on the client side will have to have noted the termination date, your agency should have this comms from the client and the 'effective date'. It should say Thursday I guess if you've done the start of the week. Even with an unsigned timesheet, if you were there on those 3 days then you will have a claim. This logic should work with the agency who also know the rules of the game.

Regards notice period, legally, there is none, never has been, for reasons as has been previously stated. A very high percentage of clients will give you notice and keep you busy through this notice period, but a few wont, and do not have to.

In terms of Inside IR35, you in effect have all the risks of contracting life but likely a not dissimilar pay to a permanent employee with benefits, hence the current gloom.

[BlasterBates]

Hi



I did not sign a contract with the agency but have a notice period in my contract with the umbrella company I use who raised their contract with my agency.

Where do I stand with getting my owed money and getting the notice period paid?

As you don't have a contract with the agency you need to take it up with the umbrella company. There is no contract between you and the agency.

[jmo21]

s
Well I wont be doing any more contracts in IR35 then. What's the point.

Take them to court for employee rights, you might be the person we've been waiting for to come along and blow IR35 out the water!

[LondonManc]

First thing to realise: NHS are more important to Venn than any given contractor. NHS have the money that they want, you're simply one means of getting to it.

Second: for not getting the three days signed off - good luck trying to prove that you worked them. Lining up a colleague to vouch for you is probably your only hope.

Finally, this can happen as easily on outside as inside gigs; being binned off at a whim is one of the risks for us/perks for them.

[simes]

If they have terminated the contract then someone on the client side will have to have noted the termination date, your agency should have this comms from the client and the 'effective date'. It should say Thursday I guess if you've done the start of the week. Even with an unsigned timesheet, if you were there on those 3 days then you will have a claim. This logic should work with the agency who also know the rules of the game.

This my understanding too.

In the same way that if one does not sign a renewal, being on site after the end date of the previous contract will deem signing and continuance of terms.

[northernladuk]

This my understanding too.

In the same way that if one does not sign a renewal, being on site after the end date of the previous contract will deem signing and continuance of terms.

Not quite. That's a different area of law. It might look the same but it's not.

[malvolio]

Take them to court for employee rights, you might be the person we've been waiting for to come along and blow IR35 out the water!

He works for an umbrella. He already has the necessary employment rights. Paid for out of his day rate, of course, but they are all present and correct. For the duration of the contract up the chain...

[malvolio]

Not quite. That's a different area of law. It might look the same but it's not.

And he missed a bit - "being paid for being there" is the key element.