Notice period - Pay

[Webmoney]

Hello Members,

I have a professional services agreement with a consulting company and have a sub contract for 66 days which starts from 24November2017 and ends on 23February2018. There is a termination clause and i quote which states " a) This agreement can be terminated, within 7 days, either party may terminate this AGREEMENT on a daily basis with immediate effect b) Thereafter maybe terminated on giving ten days of prior written notice by either party. "

On 31January2018 site manager asked me to leave onsite work as my services are no longer required with immediate effect. The consulting company which sub contracted the work says i have been terminated due to non performance at work. However i haven't been given the 10 day notice period as mentioned in the termination clause. My timesheet for 22 days of January2018 has been signed, have also raised the invoice for this timesheet which has been accepted by consulting company and payment is being processed.

When i raise the matter of termination notice of 10 days not been served and i should be paid for this period as they have asked me to go or terminated the services. I am being stone walled or plain speak refusing to pay me the notice of 10 days which is a princely sum for me and believe a pittance for the end company in question.

Please provide guidance and assistance on what legal recourse is available for me to be paid my rightful dues.
All help received graciously , including the point in right directions.

[MrButton]

If you didn’t work the 10 days there’s not much you can do.

Also remove your name at the bottom of the post - if it’s your real name.

[Eirikur]

Hello Members,

I have a professional services agreement with a consulting company and have a sub contract for 66 days which starts from 24November2017 and ends on 23February2018. There is a termination clause and i quote which states " a) This agreement can be terminated, within 7 days, either party may terminate this AGREEMENT on a daily basis with immediate effect b) Thereafter maybe terminated on giving ten days of prior written notice by either party. "

On 31January2018 site manager asked me to leave onsite work as my services are no longer required with immediate effect. The consulting company which sub contracted the work says i have been terminated due to non performance at work. However i haven't been given the 10 day notice period as mentioned in the termination clause. My timesheet for 22 days of January2018 has been signed, have also raised the invoice for this timesheet which has been accepted by consulting company and payment is being processed.

When i raise the matter of termination notice of 10 days not been served and i should be paid for this period as they have asked me to go or terminated the services. I am being stone walled or plain speak refusing to pay me the notice of 10 days which is a princely sum for me and believe a pittance for the end company in question.

Please provide guidance and assistance on what legal recourse is available for me to be paid my rightful dues.
All help received graciously , including the point in right directions.

Better delete your name from this, anyone googling you will find this message

[ladymuck]

Also check your contract for "no timesheet = no pay" clauses.

It's rare to be paid notice, that's something a permie gets but is rarely offered to contractors.

And, take your name off your post.

[TheFaQQer]

Hello Members,

I have a professional services agreement with a consulting company and have a sub contract for 66 days which starts from 24November2017 and ends on 23February2018. There is a termination clause and i quote which states " a) This agreement can be terminated, within 7 days, either party may terminate this AGREEMENT on a daily basis with immediate effect b) Thereafter maybe terminated on giving ten days of prior written notice by either party. "

On 31January2018 site manager asked me to leave onsite work as my services are no longer required with immediate effect. The consulting company which sub contracted the work says i have been terminated due to non performance at work. However i haven't been given the 10 day notice period as mentioned in the termination clause. My timesheet for 22 days of January2018 has been signed, have also raised the invoice for this timesheet which has been accepted by consulting company and payment is being processed.

When i raise the matter of termination notice of 10 days not been served and i should be paid for this period as they have asked me to go or terminated the services. I am being stone walled or plain speak refusing to pay me the notice of 10 days which is a princely sum for me and believe a pittance for the end company in question.

Please provide guidance and assistance on what legal recourse is available for me to be paid my rightful dues.
All help received graciously , including the point in right directions.

...

[Webmoney]

If you didn’t work the 10 days there’s not much you can do.

Also remove your name at the bottom of the post - if it’s your real name.

Thank you sketchandsunshine have removed the real name from the original post .

How do i delete it from the post that you replied on, it still has the real name there

[Webmoney]

Also check your contract for "no timesheet = no pay" clauses.

It's rare to be paid notice, that's something a permie gets but is rarely offered to contractors.

And, take your name off your post.

Thank you for the advice ladymuck

[jmo21]

Also check your contract for "no timesheet = no pay" clauses.

It's rare to be paid notice, that's something a permie gets but is rarely offered to contractors.

And, take your name off your post.

This, and it is a common misconception for new contractors.

You didn't work the notice period as your services were not required.

If it had been the case that they gave you 10 days notice, and you worked it (because they wanted you to), then you would have been paid.

That being said, I have seen a contractor be paid 2 weeks notice, and that was when he was absolutely rubbish too. I don't know his contract ins and outs, but I am positive the company didn't have to do that for the reasons others have mentioned here. He didn't push for it either, they just paid it.

[WTFH]

Thank you sketchandsunshine have removed the real name from the original post .

How do i delete it from the post that you replied on, it still has the real name there

Hi there, I've deleted it for you.

[Webmoney]

Hi ,

Is there anything in the contract that says that you will be paid on days when no services are required? If there is then that's the one you need to highlight.

But I doubt that there will be, in which case it'll come down to whether the clause for notice amounts to a paid notice period or whether this is a penalty for not giving you notice. I suspect it will be the former rather than the latter.

Good luck.

Thank you for the advice TheFaQQer. Please delete my real name from your reply to me, i have already done so from the original post .