inside IR35 Given 1 weeks notice,effectively gardening leave. Do I submit an invoice?

[londonman]

I am on an inside ir35 contract where employer can give me one weeks notice

I had not worked on the project for a couple of weeks due to the end clients situation changing

when the umbrella company called me to tell me the contract was being cancelled, they told me to send in my last invoice

the umbrella company is unsure if i should put in for 5 days work as the contract was finished early

i am confused as my contract says I only get paid when I work ?

if you company effectively puts you on gardening leave and then finishes contract do you get paid your notice period ?

if i put in the invoice, i assume all that can happen is that the client refuses to pay and wont hire me again ?

[malvolio]

Good question. Not one with a simple answer, I suspect, but if you get paid for time worked and you aren't doing productive work then I suspect you don't get paid.

Personally I'd assume no more gig and start looking. Or have a week off!

[sadkingbilly]

I'd invoice for the whole time. They might pay up, as it's no fault of yours that the gig's changed/gone.
If they don't want to pay, then just walk away.
i don't think it'll affect your future prospects with the client/agency, as this sort of thing happens quite often.

[eek]

It's more filling in timesheets for the lot and then see what the end client / agency signs off.

The issue is that the umbrella will (in theory) need to pay you for the hours you report (at £12.21 minimum wage) and holiday pay at the average rate for the contract so I can see why the umbrella is confused.

But personally if you don't ask you don't get so fill in the timesheet and see what the agency / umbrella does...

At worse you won't be any worse off and with luck you will get a week at full pay.

[avonleigh]

If they gave you notice then they will pay your notice period. If they terminate the contract then you won't get anything.

[northernladuk]

I am on an inside ir35 contract where employer can give me one weeks notice

Who do you consider is your employer in this scenario?

It's more filling in timesheets for the lot and then see what the end client / agency signs off.

The issue is that the umbrella will (in theory) need to pay you for the hours you report (at £12.21 minimum wage) and holiday pay at the average rate for the contract so I can see why the umbrella is confused.

But personally if you don't ask you don't get so fill in the timesheet and see what the agency / umbrella does...

At worse you won't be any worse off and with luck you will get a week at full pay.

You could see why they are confused but bearing in mind it's their job they shouldn't be. Not great when your employer/HR/Payroll doesn't know what to do in what should be a pretty common situation.

I'm not a fan of saying fill a timesheet in saying you worked time when you didn't. That's straight up fraud. You tell the brolly you worked 5 days, brolly requests payments knowing full well the terms in the contract says no work no pay and if the client pays up you are both complicit. The umbrella being 'confused' because they are clueless isn't a defence. How do you know they know full well and are trying to trick you in to puting a false timesheet in because they are gonna lose out otherwise?

Bar the umbrellas responsibilities to you as employee, anything from the client has finished the minute you stopped working.

[Wobblyheed]

Definitely send an invoice. Had a similar thing happen to me when I was put on "gardening leave" for a month! I invoiced for the whole month and got it. I even went on holiday during that month.

[malvolio]

Definitely send an invoice. Had a similar thing happen to me when I was put on "gardening leave" for a month! I invoiced for the whole month and got it. I even went on holiday during that month.

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

[Wobblyheed]

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

This was in the good days of outside Ir35 and 5 year gigs with the same client.

[eek]

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

You are making the assumption that paid for work done is part of the contract.

I've had contracts that are based on me being available at the end of the phone...

Heck I know MS made €250,000 on the basis that I was available at the end of a phone...