Reply to: Yet another Notice Question

[SueEllen]

Happened to me on Friday too!
Agent said they should have contacted them first to give notice. Then the agency will had a record of formal notice rather than verbal notice.
I just feel the Contract market is very unstable right now

It's more polite to tell you informally then tell the agency formally as you are working directly with the client.

[CloudWalker]

Happened to me on Friday too!
Agent said they should have contacted them first to give notice. Then the agency will had a record of formal notice rather than verbal notice.
I just feel the Contract market is very unstable right now

[SueEllen]

Let's see: Force Majeure, Mutuality of Obligation, Proof of work delivered, Early termination by the client for any cause... there are others around misconduct, performance and non-delivery but probably not so relevant here.

Some of my contracts have not had that clause in and in others I make sure it is altered so I can be terminated early but there must be a clear reason.

Seriously, you want contractor level income, think like a contractor and accept part of that higher rate is to cover risks such as work drying up early. Clients hire contractors because they are disposable. Sh!t happens, get on with the next one.

There other clauses I don't allow in my contracts. I've had more than one agent who weren't clued up on things like H&S regulations who though that stating they didn't apply to me was OK. Funny thing is this often contradicted the clients' induction booklet....

[malvolio]

Indeed.

Let's see: Force Majeure, Mutuality of Obligation, Proof of work delivered, Early termination by the client for any cause... there are others around misconduct, performance and non-delivery but probably not so relevant here.

Seriously, you want contractor level income, think like a contractor and accept part of that higher rate is to cover risks such as work drying up early. Clients hire contractors because they are disposable. Sh!t happens, get on with the next one.

[pmeswani]

It depends on the wording in the contract.

What other clauses are the termination clauses linked to?

Indeed.

[SueEllen]

Technically correct. But it can be seen as pre-approval of any timesheet the client is willing (or not) sign for the departed contractor. However, it maybe an IR35 indicator, so may not ne a good idea.

It depends on the wording in the contract.

What other clauses are the termination clauses linked to?

[pmeswani]

But his contract is with the agent so if the client says it it means nothing surely?

Technically correct. But it can be seen as pre-approval of any timesheet the client is willing (or not) sign for the departed contractor. However, it maybe an IR35 indicator, so may not ne a good idea.

[northernladuk]

Did your client say that they will pay you for the notice period? If they did, did you ask for them to put it in writing? Whilst this won't necessarily stand up in court, it may be seen as legally binding, however it isn't a guarantee. Ultimately, you have to ask yourself whether there was any work available for the 10 days after you were terminated and whether the client is obligated to provide you with that work. If not, you may not be entitled to anything after you were shown the door.

But his contract is with the agent so if the client says it it means nothing surely?

[pmeswani]

Did your client say that they will pay you for the notice period? If they did, did you ask for them to put it in writing? Whilst this won't necessarily stand up in court, it may be seen as legally binding, however it isn't a guarantee. Ultimately, you have to ask yourself whether there was any work available for the 10 days after you were terminated and whether the client is obligated to provide you with that work. If not, you may not be entitled to anything after you were shown the door.

[northernladuk]

Appreciate these are probably old questions being asked yet again. If so just point me in the direction of the answers and it's be appreciated.

And they have... Many times so your best bet is to go to the FAQ section and read the sticky called how to search forums and read the other threads. People get tired of going over old ground so you aren't going to get the best response. Quick clue is to type
notice period site:forums.contractoruk.com
In to google.

[northernladuk]

Speak to IPSE. If youve got IPSE+ you may be able to get into £1000 off them as part of the business interruption policy.

[SueEllen]

Start by invoicing for 10 days and see what they come back with.

They may pay without question, or they may tell you you're having a giraffe.

^^^This.

I've had noticed periods paid and notice periods not paid when projects have been canned.

[mudskipper]

Start by invoicing for 10 days and see what they come back with.

They may pay without question, or they may tell you you're having a giraffe.

[SlipTheJab]

The thing is I think if I were to be persistent and come up with a precedent then they may concede. I'm most interested in the 10 days equals two working weeks OR 10 days equals ten consecutive days question as I feel they are being a bit sneaky by including four days of weekends in those 10 days.

Does it say 10 days or 10 working days, sounds like it should be the latter, did you get the contract reviewed? In either case as has been said notice periods are a waste of time really as coupled with no timesheet = no pay they are moot.

[moodymage]

The thing is I think if I were to be persistent and come up with a precedent then they may concede. I'm most interested in the 10 days equals two working weeks OR 10 days equals ten consecutive days question as I feel they are being a bit sneaky by including four days of weekends in those 10 days.