Should company pay?

[Contractpf]

Hi all. I was in a contract that finishes end of February. I then had an appendix complication and now signed off for 2 weeks. I asked company what they want to do regards to contract, they said they want to terminate as there wasn’t much left anyway. Should I ask them to pay for the remaining two weeks (they are supposed to give 4 weeks notice)? I did tell them I’m happy to go back after my recovery to complete the rest of my two weeks.

[dsc]

Pay for what? if there's no work to be done, there will be no timesheet to sign, thus no money will make it to your company account. The notice period from their end means nothing if they are not willing to give you any work to do.

[malvolio]

An old question. The hard answer is no; if you have no work to do from them, or cant do it for some reason you don't get paid. Notice periods are meaningless as a result.

[WTFH]

Your post history is interesting.

[jmo21]

If they are clued up they'll know they don't HAVE to pay.

I'd say it is worth asking though.

[avonleigh]

No. Notice periods are pointless. Handed my notice in once, had four weeks to give. They terminated my contracted immediately after I gave notice. Nothing I could do about it.

[Snooky]

What does your contract say? That's all that really matters. These days there'll usually be several get-out clauses where the client can just choose to stop offering work and money; if you have something like that, as others have suggested, you're on a hiding to nothing and should probably just accept it. If there isn't any such clause, I'd send written confirmation to the company saying that you're making yourself available for work until the agreed contract end date and if they choose not to offer any work and not pay, I'd probably start a legal process.

It all depends on your contract and how willing you are to chase them for the missing money if you think it's due.

[northernladuk]

Read and understand your contract. It's there in black and white. It's contracting101 and it's even in the title of your job and your bleeding user name. CONTRACTor.

Frustrates me when people don't have a scoobie what they actually are and do. Should put people inside IR35 just on this point alone.

[malvolio]

What does your contract say? That's all that really matters. These days there'll usually be several get-out clauses where the client can just choose to stop offering work and money; if you have something like that, as others have suggested, you're on a hiding to nothing and should probably just accept it. If there isn't any such clause, I'd send written confirmation to the company saying that you're making yourself available for work until the agreed contract end date and if they choose not to offer any work and not pay, I'd probably start a legal process.

It all depends on your contract and how willing you are to chase them for the missing money if you think it's due.

Not really helpful advice, no work equals no pay is the right way to look at it. Going legal has two consequences; you still won't get paid and it will cost more than you are "losing".

[Snooky]

Not really helpful advice, no work equals no pay is the right way to look at it. Going legal has two consequences; you still won't get paid and it will cost more than you are "losing".

Not at all, it entirely depends on the contract and its relation to UK law. Neither of us has seen the contract, so neither of us can say for certain that OP doesn't have a case. As northernladuk says above, OP should read the contract and work off that basis.

You don't seem very familiar with small claims court costs. Assuming maybe £400pd for 10 days, the court fee would be £205, with no other costs to pay, so very definitely won't cost more than you are "losing". If I felt fairly certain of my legal grounds, £205 would be a reasonable gamble to gain the £4k I felt I was owed. It might not even go as far as court, a LBA might be enough to gain payment.