Need Some Advice - A bit of a quandary

**TheFaQQer** · 13 December 2011, 16:48

Turn up and bill for it.

**jmo21** · 13 December 2011, 16:54

Seems a bit of a daft situation but you know what corporates can be like.

You may end up with them refusing to sign timesheets etc, which might just be a pain in the backside.

I'd say let them know, and if they terminate early just go and enjoy Xmas.

You mentioning about getting another role, this might have just been a passing comment, but you really should have more of a war chest so that a couple of unworked weeks don't cause you any real financial hassle.

As a sidenote, what a stupid end date to have given you in the first place, a few days after new year.

**northernladuk** · 13 December 2011, 16:55

WTFS but....

Be prepared to be turned straight around and sent home. They are not obliged to pay you if there is no work to do. It is part of you MOO.

One of three things will happen I reckon.

1. They will find you something to do - Becareful this will look like direction and control. Not good
2. They will invoke notice after a few days of running around. Whether you get paid or not is questionable.
3. They turn you around and send you home as there is no work so get no pay. Could be same in 2.

**Rabotnik** · 13 December 2011, 17:10

Originally posted by northernladuk View Post

WTFS but....

Be prepared to be turned straight around and sent home. They are not obliged to pay you if there is no work to do. It is part of you MOO.

One of three things will happen I reckon.

1. They will find you something to do - Becareful this will look like direction and control. Not good
2. They will invoke notice after a few days of running around. Whether you get paid or not is questionable.
3. They turn you around and send you home as there is no work so get no pay. Could be same in 2.

I was wondering about how MOO works regarding no work available. If the contract says they will pay you x amount for 6 months, can they really not pay you if there is no work? I guess it depends what it says in the contract i.e. if there's a clause saying no work-no pay? If this clause is not present, would you just turn up every day and surf the web and bill anyway?

**northernladuk** · 13 December 2011, 17:15

Originally posted by Rabotnik View Post

I was wondering about how MOO works regarding no work available. If the contract says they will pay you x amount for 6 months, can they really not pay you if there is no work? I guess it depends what it says in the contract i.e. if there's a clause saying no work-no pay? If this clause is not present, would you just turn up every day and surf the web and bill anyway?

You are paid for doing a day (hours) work. The MOO states that the client is not obliged to offer work and the contractor is not obliged to do work offered.

They CAN pay you in your example if they were idiots. What client would pay a contractor regardless if there was no work? You are starting to get in trouble with IR35 if you expect this. Permies get paid for doing nothing. Contractors do not.

If there is no MOO in your contract I would be very worried it is inside IR35 and you need to start looking at your accounts to make sure you are doing it right.

Here on in I expect a big argument over whether or not you should be bothered about IR35 or not with Mal leading the charge but if I was you I would go read up in it using the links to the right hand side. IR35 is very grey so I expect this discussion to be pretty long

**TheFaQQer** · 13 December 2011, 17:20

The contractual position of the situation is that if you turn up on Monday and there is no work, then they can turn you away and not pay you.

Many clients, I believe, wouldn't realise that and would just see that they need to give a week's notice, so will pay you that instead, or will find something to do for that last week.

Whether that helps, hinders or has no impact on your IR35 status is another discussion which has been had ad nauseum.

**northernladuk** · 13 December 2011, 17:25

Originally posted by TheFaQQer View Post

The contractual position of the situation is that if you turn up on Monday and there is no work, then they can turn you away and not pay you.

WTFS +2

Many clients, I believe, wouldn't realise that and would just see that they need to give a week's notice, so will pay you that instead, or will find something to do for that last week.

WTFS +10. If more clients knew how to handle contractors it would be a much more difficult type of work. Thank god they don't.

Whether that helps, hinders or has no impact on your IR35 status is another discussion which has been had ad nauseum.

Most definitely WTFS +some more.

**psychocandy** · 13 December 2011, 17:31

Yes, the client can say no work.

But surely if they cant be arsed to inform you of said fact and you've turned up on a monday morning then I'd be pretty wassed off if they didnt pay me for that day at least.

**AnthonyQuinn** · 13 December 2011, 17:31

Thanks a lot

Thanks a lot. All the posts are very helpful. Having gone through the contract again, it does seem to indicate that, as advised above, there will not be much liability for the client to pay if there is no work.

I think I will wait till Friday and then ask the client for their intention of terminating the contract early or finding something else for me to do. Worst case will be an extra week's holiday in the run up to Christmas. Not bad. had anyway planned to take two weeks off for Christmas. This will make it 3.

I suppose turning up on Monday will look bad and will lead to an unpleasant discussion with the client (Never good). Good to be upfront where possible. If they consider themselves constrained to give a week's notice and paying for it, who am I to question that. :-)

Need Some Advice - A bit of a quandary