Client won't let me go

[Jaws]

A few weeks ago my boss asked me if I would mind going on holiday for a week while they looked for more work for me. As a favour I agreed. That week came, I went on "holiday" (at home as I was given only 1 day notice!) and I have not received any update from the client since that period. During that time I popped into the office to be asked by a colleague if I'd found anything else yet.

Anyway, after that I started looking for work and now have some offers which I'd like to accept. Unfortunately, after calling the client asking him to let me go (I have a 4 week notice period with them) he's told me he is waiting to hear back on some work they want me to do, and they wont know until next week. I did mention to him that the work might not come about and was I expected just to sit at home unpaid all that time and he "understands my concern". He said due to timescales I was not able to make use of my right of substitution (as all contractors need to be screened first).

Do I need to hand in my notice before I can search for more work now and lose these offers or could I just drop the client and what might the consequences be if I did?

[voodooflux]

You're not duty bound to take any more holiday are you? I'd say they either need to pay you or they've basically terminated your contract.

[basshead]

It depends if you can afford to wait for your current client to supply you some work, and if not, whether you can afford to p*ss off your client and jeopardise any future relationship.

[malvolio]

Now you know why I say (a) too many people think like employees and (b) notice periods are a bad idea!

Your call, sadly, but I'd put your notice in; if the current client then comes up with something worthwhile you can always cancel it (in practice, you negotiate a new deal, it's not like you're an employee or anything...); that way you only annoy people you don't work with.

However, think carefully about this. If your client is scratching around to find work for you to do, clearly your contract is very marginal with respect to IR35 since you are not there to do a specific piece of work but to do whatever the client thinks you should be doing, Even worse, he's willing to pay you while he finds such work. Bad for both MOO and D&C, I'm afraid...

[Jaws]

He's not paying me for holiday. He's requested I stay out of the office. I've just had someone on the phone explaining that my contract may not even be valid on the basis that was only renewed verbally and no end date has been specified beyond the initial 2 months. Not feeling too good on letting 3 months of work go on the basis my current client "might" have work for me to do next week.

[Epiphone]

Even worse, he's willing to pay you.

He's not getting paid.

[scooby]

He's not paying me for holiday. He's requested I stay out of the office. I've just had someone on the phone explaining that my contract may not even be valid on the basis that was only renewed verbally and no end date has been specified beyond the initial 2 months. Not feeling too good on letting 3 months of work go on the basis my current client "might" have work for me to do next week.

then walk. put you first...

[beeker]

then walk. put you first...

A) ensure you have/are being paid for work already completed
B) tell current client that as you do not have a signed contract that the notice period does not apply and you have secured business elsewhere to keep the company afloat.
C) the right of substitution is there so that you can provide what in your terms is a suitable replacement (from an agency if necessary), if they chose to decline then it's their choice and the contract can be terminated assuming the candidate was suitable, they have declined your services and there will be a clause to terminate surely?

just my unqualified tuppenceworth!

[Churchill]

Ask for a retainer or walk.

Mine's called "Roberts", a lovely old chap.

Threaded.

[Jaws]

A) ensure you have/are being paid for work already completed

I put my last invoice in at the end of last month, along with my filled out timesheet (these don't get signed). Is it really likely that they will not pay me for a month's worth of work that I completed and they charged the end customer for?