Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
- Employment contract with Umbrella will likely be minimum wage plus whatever payments come from client based on signed timesheets
- OP tells client they're leaving and client agrees, asking for 2 weeks additional work
- OP agrees to this and does that work
- Client subsequently does not sign timesheet as a "Up yours" to OP for leaving early
What does the employer (Umbrella) legally have to pay the OP for those 2 additional weeks?
I do agree with ladymuck and you that speaking to the client (before Umbrella) would be a better idea.
The employer has to pay for the 2 weeks if they are worked...
If the client refuses to sign the timesheet it’s the agency/umbrella/client’s problem.
As long as the worker did work, but unlike a b2b contract, the burden of proof is on the employer.
If you want to maintain good relationship with the end client, then tell them that it is not working. I have left contract at southend-on-sea in 2 days (the reason I mention the location is that many people here know who the client could be).
Told the client that it is not working and I just want to leave. Agency/Umbrella/Client wanted to know if I am going bill for those 2 days. I said No, I am not going to. While legally I can do that, I didn't want to as I didn't do anything in those 2 days except spending my own money for accommodation, travel and waiting for my access to come through.
As a contractor, you are running a business. There are ups and downs but leaving a contract in one month is not one of them. If you don't like it, just let them know, if they insist that you wait until they find a replacement then please do so (and charge them accordingly) and leave.
Last edited by BigDataPro; 6 February 2021, 19:31.
1) As an employer the umbrella can't just not pay. This is not a B2B contract.
2) The OP clearly states that there is no notice period in the probationary period. So that's covered or the OP is lying (seem unlikely really).
3) And the contract between umbrella and client is totally immaterial for the reason stated in point 1
The OP should just invoke the notice but talk with the client about the decision in the interest of professional courtesy. They may or may not want to give a few extra days work, but going via the umbrella as the first discussion will not help.
Scenario:
- Employment contract with Umbrella will likely be minimum wage plus whatever payments come from client based on signed timesheets
- OP tells client they're leaving and client agrees, asking for 2 weeks additional work
- OP agrees to this and does that work
- Client subsequently does not sign timesheet as a "Up yours" to OP for leaving early
What does the employer (Umbrella) legally have to pay the OP for those 2 additional weeks?
I do agree with ladymuck and you that speaking to the client (before Umbrella) would be a better idea.
Leave a comment: