Notice Period for a fix term contract not been paid

[Delity]

Hi Chaps

New to the site but would be great for some advice

I started a Fix term contract last year, however, the company have now stated they are issuing 4 weeks notice on my contract due to the current circumstances

Within my contract it states that either party can give 4 weeks' notice to end the contract which is fine, however now they are refusing to pay my 4 weeks notice.

[Old Greg]

Hi Chaps

New to the site but would be great for some advice

I started a Fix term contract last year, however, the company have now stated they are issuing 4 weeks notice on my contract due to the current circumstances

Within my contract it states that either party can give 4 weeks' notice to end the contract which is fine, however now they are refusing to pay my 4 weeks notice.

They state that as I was only employed to work on projects as and when requested that as no work is currently being undertaken then no work can be invoiced for. They have stated 4 weeks' notice has been exercised, as no min monthly fee is there, and there is no entitlement to any fee for work where work is not carried out.

So they are stating since no work has been carried out since they issued notice, then nothing is due

Is this correct? does this not then make a notice clause redundant, I'm sure if I received a better offer and wanted to walk out mid-project they would have held me to working my notice period

Any help and advice would be greatly appreciated

Are you on the company's payroll as a PAYE employee, or are you contracted either via your own Ltd Company or an Umbrella Company (or something else)?

[LondonManc]

Fixed-term employment contracts: Employees' rights - GOV.UK

If you're direct and on the company's payroll as a true FTC employee, the above link will be of use.

[Delity]

Are you on the company's payroll as a PAYE employee, or are you contracted either via your own Ltd Company or an Umbrella Company (or something else)?

No, I'm not a full-time FTE, as worded, i'm an independent contractor

I have looked at the guidelines and believe I would be seen as a worker, as I can not substitute myself for another person, and the company has provided all the equipment for me to work

[Paralytic]

No, I'm not a full-time FTE, as worded, The relationship between the Consultant and the Company is that of independent contractor

I have looked at the guidelines and believe I would be seen as a worker, as I can not substitute myself for another person, and the company has provided all the equipment for me to work

Who pays your salary each month?

If the client, you're on an FTC and have employee rights.

If you are paid by your own ltd company, an agency, or an umbrella, then what the client says is right - you are in your notice period, but there happens to be no work for you at present. And, if there's no work under the contract, there's no timesheet for you to complete and there is no invoice to be paid.

[malvolio]

No, I'm not a full-time FTE, as worded, The relationship between the Consultant and the Company is that of independent contractor

I have looked at the guidelines and believe I would be seen as a worker, as I can not substitute myself for another person, and the company has provided all the equipment for me to work

Doesn't matter. If you're not on the payroll, employee protections don't apply and you only get paid for work done. So if you haven't been offered any...

Perhaps

read up on the various kinds of engagements. What you have isn't (wasn't) an FTC.

[Old Greg]

No, I'm not a full-time FTE, as worded, The relationship between the Consultant and the Company is that of independent contractor

I have looked at the guidelines and believe I would be seen as a worker, as I can not substitute myself for another person, and the company has provided all the equipment for me to work

Who is the contract between? You as an individual and the client? Or between your Ltd company and the client?

[Delity]

No, I am not an employee, I raise an invoice at the end of each month, which is then paid by the company

[Delity]

Who is the contract between? You as an individual and the client? Or between your Ltd company and the client?

As an Individual

[Old Greg]

As an Individual

And are you on the client's payroll? Are they paying your salary, deducing Tax and NIC?