Forced Holidays !!

[shubhoh]

Client (a big bank) intends to force 2 weeks time off during Olympics. Not yet confirmed! (such short notice!).

Is it enforceable? Has anyone else had simimlar experiences?

[northernladuk]

Firstly you do not get holidays you are a contractor!!! You either work and get paid or you don't work and don't get paid. Try and understand what you do a bit better. There is a thing called IR35 you need to read up on which may help. When you see the penalties of ridiculous statements like yours you might wise up a little.

Secondly, you are brought in because you are flexible so these things happen, as do early terminations etc etc..

If you read and understand your contract, which you clearly haven't, you should see a Mutuality of Obligation clause that states that the client is not obliged to give you work and you are not obliged to do it. So in your position the client decides not to give you work. Going back to my first paragraph, if you do not get work you do not get paid. It is all there in black and white.

The client is quite within his rights to ask you not to come in and do work and you have to shoulder it. That's that. He can give you notice there and then not to come in for 2 weeks, he can even give you notice there and then not to come in ever again. It is part of contracting. If you don't like it go perm.

On a side note it is good for IR35 but unfortunately your attitude kinda negates this so I would still look closely at your situation to decide if you are putting yourself inside IR35 or not.

[Vandalay]

What NLUK said.

It's tough to shoulder something like this, especially if you're simply an agency contractor working with one client at a time. Use the 2 weeks to build up your business, skillset, client base etc.

Similar thing just happened to me... but I have 4 other clients, so it gave me the chance to work my arse off on other things.

[DaveB]

Client (a big bank) intends to force 2 weeks time off during Olympics. Not yet confirmed! (such short notice!).

Is it enforceable? Has anyone else had simimlar experiences?

Yes and Yes.

You are contractor, if the client has nothing for you to do, or does not require your sevices for any length of time they don't have to pay you. This is normal.

The upside is that this is a solid pointer to you being outside IR35. Only Permies get paid regardless.

If you don't know what IR35 is I suggest you go and read the relavent links on the top right of the page.

[Ketchup]

I once worked for a financial client who forced every member of IT staff plus contractors to take 2 consecutive weeks off once a year, there logic being if you were up to anything dodgy they would be able to find out withing that 2 weeks. Caused havoc with some projects though when HR realised i hadnt taken my 2 weeks and we had a project going live

[bless 'em all]

That's perfectly OK and it's IR35 gold, especially if the permies are still expected to traipse through the chaos to get into the office.

If your worried about the loss of income G4S might have something.

[Gentile]

Client (a big bank) intends to force 2 weeks time off during Olympics. Not yet confirmed! (such short notice!).

Is it enforceable? Has anyone else had simimlar experiences?

Yes, a lack of MOO means that downtime is enforceable. Similarly, contractors aren't compelled to be available to work in the way that employees are. In reality, when a contractor and a client agrees a contract for a short fixed period to get some piece of work with a fixed scope done, work generally will be available during the agreed period, and that work generally will be accepted by the contractor. Banks, though, in particular have an unfortunate track record of messing contractors around by invoking no-MOO clauses like the above far more frequently than other types of client do. That's why most contractors charge a premium for taking on contracts in that environment. Generally, banks get charged £500-£600 per day for the same skills that cost other organisations £300-£400 per day. It's like motor insurance in a way; the rate that contractors charge reflects not just the commodity being purchased, but also the level of risk that contractors take in agreeing to be available to clients that plan poorly.

[BrilloPad]

Client (a big bank) intends to force 2 weeks time off during Olympics. Not yet confirmed! (such short notice!).

Is it enforceable? Has anyone else had simimlar experiences?

It is enforceable - but is there any way you can work from home?

Unless you cycle getting to the office is going to be a mare.

[kaiser78]

It is enforceable - but is there any way you can work from home?

Unless you cycle getting to the office is going to be a mare.

If you cannot wfh, take the time off and enjoy it...

[kingcook]

Client (a big bank) intends to force 2 weeks time off during Olympics. Not yet confirmed! (such short notice!).

Is it enforceable? Has anyone else had simimlar experiences?

Surely you'll get paid holidays?

Are they sending you anywhere nice?