Reply to: Contract Terminated Just Before Christmas Furlough

[ladymuck]

Look at it from the clients side - you don't want people disappearing immediately at the drop of a hat - you want notice to at least get some form of handover organised.

The notice period is a 2 way version of that - it ensures the client gets a handover if the contractor wants to leave and doesn't really cost an organised company anything - the only companies I get annoyed about leaving is when the notice is non-existent and the client had known in advance the budget would run out in a months time.

I was thinking of notice to the contractor, rather than notice from, as the discussion had been around client/agency notice periods not being worth the paper they're printed on.

[eek]

It is an interesting one. I suspect it's because many B2B contracts have a notice period as there would generally need to be a run down period when terminating a business engagement. However, most contracts (note I didn't say all, before someone comes up with some highly specific edge case they heard from a friend's nephew's aunt) have no need for that and the presence of a notice period is a bit like why do we still have an appendix?

Look at it from the clients side - you don't want people disappearing immediately at the drop of a hat - you want notice to at least get some form of handover organised.

The notice period is a 2 way version of that - it ensures the client gets a handover if the contractor wants to leave and doesn't really cost an organised company anything - the only companies I get annoyed about leaving is when the notice is non-existent and the client had known in advance the budget would run out in a months time.

[ladymuck]

So why do we have notice periods at all then?

It is an interesting one. I suspect it's because many B2B contracts have a notice period as there would generally need to be a run down period when terminating a business engagement. However, most contracts (note I didn't say all, before someone comes up with some highly specific edge case they heard from a friend's nephew's aunt) have no need for that and the presence of a notice period is a bit like why do we still have an appendix?

[BR14]

well whoop de doo.

still got acne then, eh?

or is it just a small dick?

[GhostofTarbera]

excellent question.
although i have, in the past, been paid for notice periods i didn't have to work, when projects were canned.
that was just goodwill by the banks though.
there's no legal challenge.

I can top that

Offered role at HSBC was going through lengthy onboarding period, project got canned before I stated or signed a contract and they paid me 20days top rate money - I had not even handed my notice in at my current client (as was making sure onboarding was complete 1st) - when agent called me up to tell me it was canned, I was doing a dance round the office

I just continued with current client


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[GhostofTarbera]

So why do we have notice periods at all then?

Gives the men a chance to buy her chocolates

IGMC


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[northernladuk]

So why do we have notice periods at all then?

We shouldn't really. Instant notice would be better for IR35 but it's understandable a client needs a notice period from a contractor just because of the nature of the supplier/client relationship. It is also there so it can be used properly... just other clauses can overturn it. On the whole more clients will honour notice than not IMO.

[BR14]

So why do we have notice periods at all then?

excellent question.
although i have, in the past, been paid for notice periods i didn't have to work, when projects were canned.
that was just goodwill by the banks though.
there's no legal challenge.

[PerfectStorm]

So why do we have notice periods at all then?

[krytonsheep]

How do Samurai fare in the CEST tool?

A Samurai would rather die with honour than be subjected to the CEST tool.

[Peoplesoft bloke]

To get a definitive answer, pay a lawyer to have a look at the contract. Will cost a few hundred quid.

As a contractor though, you should really have the mindset of a Samurai. Be prepared to be terminated at any moment, then move on to the next gig without asking any questions.

How do Samurai fare in the CEST tool?

[krytonsheep]

Is this legally correct or can i contest this ?

To get a definitive answer, pay a lawyer to have a look at the contract. Will cost a few hundred quid.

As a contractor though, you should really have the mindset of a Samurai. Be prepared to be terminated at any moment, then move on to the next gig without asking any questions.

[d000hg]

And here we go with the 'legal' thing again. Because companies that actually understand what they are doing often do things illegally...

In your contract it says you get paid per days work done and that payment will be given upon receipt of a signed timesheet. No work done or no timesheet is no pay. We do not get paid notice period if we didn't work it. It's all there in your contract so I suggest you start reading it and understanding it.

If they are giving you a week for doing nothing then snap their hand off and feel very lucky. Pretty rare for that to happen and they certainly don't need to do it.

I didn't realise you were privy to his contract!

Not all contracts stipulate a signed off timesheet for instance, though in practice I'm sure it does say they don't have to provide work you never know they might have stuffed themself

[NotAllThere]

Its illegal to say that!

I like it! (Therefore it is legal).

[Paralytic]

It keeps Twitter alive (and a lot of threads on here).

Its illegal to say that!