Regarding being replaced by a permie

[Peter Loew]

We get these questions all the time. You can try to push for the notice terms but it really is an IR35 no no. On a personal note, if you wanted job security, why did you go into contracting?

Who said anything about job security. I'm talking about contractual terms and you're talking about something entirely different.

[Peter Loew]

As your still employed and potentially doing something useful I would definitely pressure the agency to keep to the notice period, i.e. persuade the agency or client to work through your notice, to avoid a legal dispute. Worth a call to the agency and a chat with the client. Also check listen to their arguments, if they're very clear and point to some paragraph in the contract will give you an idea of the strength or weakness of your position.

Yes, this is what I've done. A contract is a contract is a contract. I don't mind walking away tomorrow but they're basically breaching the contract, which I do mind. I am happy to come to some arrangement with the client but they need to be reasonable with me.

[pmeswani]

Yes, this is what I've done. A contract is a contract is a contract. I don't mind walking away tomorrow but they're basically breaching the contract, which I do mind. I am happy to come to some arrangement with the client but they need to be reasonable with me.

Is there any mention in your contract about Mutuality of Obligation? If so, they are probably not in breach of contract and are enforcing the T's & C's outlined in the contract. They can argue that there isn't any more work at the end of the week and your contract will come to an end before the notice period.

[Peter Loew]

Is there any mention in your contract about Mutuality of Obligation? If so, they are probably not in breach of contract and are enforcing the T's & C's outlined in the contract. They can argue that there isn't any more work at the end of the week and your contract will come to an end before the notice period.

The only mention of that is as follows:

"This Contract is intended to govern the Company’s supply of Services to the Client for the duration of the Contract Period. Nothing in this Contract is intended to oblige (agency name) to offer any further assignment, whether during or after the Contract Period, or for the Company or any Consultant provided by the Company to accept such. Neither party wishes to imply any mutuality of obligation beyond the Services agreed."

I guess this means no..

[Peter Loew]

Are they under obligation to provide you with work? If so its a very bad IR35 pointer.

Of course you can charge all you want - will they actually pay it? If they dont is it worth suing over a small amount?

Personally I would charge all I can - but in my mind write it off and look round elsewhere.

Do you mean that having a notice period is bad for IR35 (I know and agree), or do you mean getting paid during your notice period is bad for IR35?

[BrilloPad]

Do you mean that having a notice period is bad for IR35 (I know and agree), or do you mean getting paid during your notice period is bad for IR35?

Not so much having a notice period as it is bad if they have to provide you with work. Getting paid for it is fine - and I hope you get it!

[dynamicsaxcontractor]

Not so much having a notice period as it is bad if they have to provide you with work. Getting paid for it is fine - and I hope you get it!

If you have a schedule with your client to provide 5 days work a week doing XYZ and a notice period of 1 week - they should always be paying you a minimum of 5 days. The MOO should be reflected in the acutal contract and state when no schedule exist there are no obligations to provide/accept work.

[Peter Loew]

If you have a schedule with your client to provide 5 days work a week doing XYZ and a notice period of 1 week - they should always be paying you a minimum of 5 days. The MOO should be reflected in the acutal contract and state when no schedule exist there are no obligations to provide/accept work.

Yes, it actually says: "8 hours per day on business days, other times to be agreed with the client". The only MOO statement was what I posted above.

[dynamicsaxcontractor]

Yes, it actually says: "8 hours per day on business days, other times to be agreed with the client". The only MOO statement was what I posted above.

If you dont get it in writing to not turn up for work and will still get paid 6 days you need to turn up. If they stop you from working they have to pay you. If you dont turn up without any promise to pay you for 6 days you cant expect payment.

[pmeswani]

The only mention of that is as follows:

"This Contract is intended to govern the Company’s supply of Services to the Client for the duration of the Contract Period. Nothing in this Contract is intended to oblige (agency name) to offer any further assignment, whether during or after the Contract Period, or for the Company or any Consultant provided by the Company to accept such. Neither party wishes to imply any mutuality of obligation beyond the Services agreed."

I guess this means no..

That can be interpreted as "If your current work finishes early, and we have no further work, we are not obliged to keep you on after the current work comes to an end, even if it falls short of the length of the contract".

Could be wrong though.