Client enforcing time away without notice period

[Belle]

My contract ends on the 02 December however I was informed by the client yesterday (14/11) that they are enforcing a Mandatory Time Away period for the project from the 25th November. I have a 30-day notice period on my contract. Therefore, if I am expected to end the assignment on the 25th of November instead of the 02 December, surely they would have needed to tell me on the 25th October? As they haven’t, am I within my rights to invoice to the 02 December?

[northernladuk]

It is very simple indeed. You are a contractor. You don't work, you don't bill. They are not obliged to give you work (which is core to your IR35 statu).The contract carrys on running an ends as normal regardless of whether you are working or not.

You are not ending your assigment, you are still contracted to them until the 02 Dec but are not working.

You are still not understanding the basics of how contracting works.

We assume you are at Barclays as well..

[psychocandy]

It is very simple indeed. You are a contractor. You don't work, you don't bill. They are not obliged to give you work (which is core to your IR35 statu).The contract carrys on running an ends as normal regardless of whether you are working or not.

You are not ending your assigment, you are still contracted to them until the 02 Dec but are not working.

You are still not understanding the basics of how contracting works.

We assume you are at Barclays as well..

MOO !!!!

[Belle]

[QUOTE=northernladuk;1428154]You are not ending your assigment, you are still contracted to them but are not working.QUOTE]

So you are saying that theoretically, as a contractor, we can be told on a Friday “We don’t need you to work from Monday for two months” and that is legally acceptable? I don’t buy that. And nope, not Barclays.

[TheFaQQer]

My contract ends on the 02 December however I was informed by the client yesterday (14/11) that they are enforcing a Mandatory Time Away period for the project from the 25th November. I have a 30-day notice period on my contract. Therefore, if I am expected to end the assignment on the 25th of November instead of the 02 December, surely they would have needed to tell me on the 25th October? As they haven’t, am I within my rights to invoice to the 02 December?

You are within your rights to invoice until December 2nd.

Make sure you include all the work that you do up to that point, and do not invoice for any work that you don't do.

[Belle]

You are within your rights to invoice until December 2nd.

Make sure you include all the work that you do up to that point, and do not invoice for any work that you don't do.

Am I within my rights to WORK until 02 Dec?

[TheFaQQer]

So you are saying that theoretically, as a contractor, we can be told on a Friday “We don’t need you to work from Monday for two months” and that is legally acceptable?

Yes, that's exactly what he is saying.

I don’t buy that.

Oh.

[TheFaQQer]

Am I within my rights to WORK until 02 Dec?

Yes.

But not for this client.

[Kanye]

[QUOTE=Belle;1428163]

You are not ending your assigment, you are still contracted to them but are not working.QUOTE]

So you are saying that theoretically, as a contractor, we can be told on a Friday “We don’t need you to work from Monday for two months” and that is legally acceptable? I don’t buy that. And nope, not Barclays.

I'm afraid they are completely within their rights to do that.

As said above, the central feature of your IR35 status is that there is no obligation for them to provide work to you.

[northernladuk]

Psychocandy mentioned it, albeit rather badly with no explaination as usual but the term you are looking for is Mutuality of Obligation. MOO..