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

[malvolio]

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...

True, but not an unfair assumption. I've had jobs that included a compensation for being on call 9i.e. be immediately contactable, so no night out, no drinking, be prepared to go into work, and all the other inconveniences). Not quite the same as buggering off on holiday but still invoicing.

Even so, being on the end of a phone has no value to the client unless you actually respond to it...

[SussexSeagull]

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!

I disagree. For one thing we don't know what the contract said.

Notice periods do appear on contracts so they are a thing. Now if the client turns round and said we don't have any work for the next month so we won't be needing you while serving notice then you aren't due any money.

[northernladuk]

I disagree. For one thing we don't know what the contract said.

That's true but 'paid upon signed timesheet' or similar will be there in 99% of all contracts. I'd even go as far to say 100%. We are T&M based so if anyone gives out contracts without this clause wants shooting. Missing the fundamental clause to a T&M contract for a T&M worker is a proper screw up. Bearing in mind it protects the client from paying out a penny more than they need to you can be pretty confident it will always be in there.

Notice periods do appear on contracts so they are a thing. Now if the client turns round and said we don't have any work for the next month so we won't be needing you while serving notice then you aren't due any money.

Not really. As you've indicated yourself it's what's in the contract, not what the client says. You are probably right, they can say that because it's likely also in the contract but you did start off disagreeing with Mal because we don't know the contract and you've ended by a statement that may or may not be correct because we don't know what's in the contract.

[SussexSeagull]

That's true but 'paid upon signed timesheet' or similar will be there in 99% of all contracts. I'd even go as far to say 100%. We are T&M based so if anyone gives out contracts without this clause wants shooting. Missing the fundamental clause to a T&M contract for a T&M worker is a proper screw up. Bearing in mind it protects the client from paying out a penny more than they need to you can be pretty confident it will always be in there.



Not really. As you've indicated yourself it's what's in the contract, not what the client says. You are probably right, they can say that because it's likely also in the contract but you did start off disagreeing with Mal because we don't know the contract and you've ended by a statement that may or may not be correct because we don't know what's in the contract.

I'm mercurial, what can I say?

I have worked notice periods where I have done next to nothing, in fact this is probably expected as you won't be picking up anything new, but the client has been happy with the situation and I retained access to any systems I needed and made myself available. Where do you draw the line?

If they suddenly cut off access it might be a different conversation.

Regardless, I have never has a situation where there wasn't something worked out that bore some resemblence to the notice period (once they cut it short due to a fairly massive failing out between me and the manager and once I requested it because I would have finished on a Tuesday and was working away from home and didn't want to travel).