Reply to: Notice period - Pay

[Lance]

Thank you for responding uk contractor;2528380 .

There are a lot of things which have been assumed here or plain fabricated here in your response - plain did not fit in , upset someone ... kind of remarks . Must say vivid imagination for sure Nevertheless a solicitor representing me would work details otherwise and to my favour as mentioned by gov.uk under i think unfair dismissal.

Thank you for the effort to pen down speculation on what actually happened.

Whether you like it or not UK contractor just said what most are thinking.
Not many contractors get walked off site like that and if they do it’s because they’re just not very good.
Given your lack of understanding of contracting , and sensitive response to the post I think it’s quite likely you were removed due to lack of fit.

Answer me this question. Did any other contractors get removed at the same time?

[TheFaQQer]

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 .

Please delete my quote from your post. I have already done so from my post.

[northernladuk]

You would be incredibly unlikely to win by claiming unfair dismissal.

In the past two posters (probably the same one) claimed to have taken their agency or client to court over this kind of thing and won. Since becoming a contractor, I have never read any court or tribunal decision which supports this kind of thing and enables you to be classed as an independent worker.

Yet.

I've always wondered if HMRC ever chased the cases that won an unfair dismissal case. Surely to win you have to prove its a contract of employment so a slam dunk IR35 win for HMRC. Did they ever go tax from these cases?

[uk contractor]

Thank you for responding uk contractor;2528380 .

There are a lot of things which have been assumed here or plain fabricated here in your response - plain did not fit in , upset someone ... kind of remarks . Must say vivid imagination for sure Nevertheless a solicitor representing me would work details otherwise and to my favour as mentioned by gov.uk under i think unfair dismissal.

Thank you for the effort to pen down speculation on what actually happened.

We can only go on what you have posted your very arrogant & assume your unique in what happened I can assure you every possible variation & some you could not possibly imagine have happened to UK contractors on this forum over the years. If you think any legal action would work knock yourself out you will get nowhere do you really think they would tell you to leave if they had not already looked at that angle or before you even got the contract. Unless you have tape or video recordings of meetings to support your claims (which your contract probably does not even allow it would be breach of contract somewhere in the small print) how on earth do you think you can prove anything...you can't which is why just move on its less hassle the only solicitors who will take this case on would be the type who want to milk YOU dry!

Unfair dismissal covers mainly perm I hope you have very deep pockets to take that case to the courts as your going to need them! Do you have even the slightest idea of how much a decent barrister would cost (deep into 5 figures just for starters if the case went further your looking at 6 figures minimum) to push your case & even finding one who would waste their time on something that has little chance of ever going anywhere would be something in itself. Seriously are you for real just deal with the 10 days loss & move on you will get nowhere legally other than big bills to settle this is why contracting is way harder than people imagine it to be. Your legal rights are minimal everything is stacked in the clients favour not yours.

If you really want to push things tell the client & agent in writing you intend to sue for the missing 10 days see if they throw you a few pounds just to make you go away but I think you will find they will either ignore it or return the favour & get their legal teams involved & they will have a lot more legal resource than you could ever have unless your prepared to go all the way & liquidate assets to fund your ongoing legal case. Your lucky its only 10 days as well try 21 months for size (contract ended without notice due to cost savings initiative only a few months into a lucrative 24 month contract) or 3 months unpaid overtime both happened to me I managed to recover a few grand by telling one of the bank's I would take legal action unless I was paid for my overtime they gave me 33% just to make the complaint go away as I did have lots of evidence (signed timesheets which were invoice unpaid when the contract ended naturally). I took the 33% because something is better than nothing & that is all they were prepared to offer.

[psychocandy]

Thank you for responding uk contractor;2528380 .

There are a lot of things which have been assumed here or plain fabricated here in your response - plain did not fit in , upset someone ... kind of remarks . Must say vivid imagination for sure Nevertheless a solicitor representing me would work details otherwise and to my favour as mentioned by gov.uk under i think unfair dismissal.

Thank you for the effort to pen down speculation on what actually happened.

Does it matter? For whatever reason, client wanted rid. Perhaps they didn't like you, perhaps they just ran out of money- either way they're not going to tell you.

Yes sometimes they do the non-perform thing to get out of the 10 days notice. Can you do anything about it? Probably not.

What would I do? As others have said, no timesheet then its difficult but I'd blast off an invoice for the 10 days and then small claims if they didnt pay. Its not expensive and A) they might pay up just to get rid of you and B) Its a bit of entertainment for little cost i.e. taking them to court.

[TheFaQQer]

Nevertheless a solicitor representing me would work details otherwise and to my favour as mentioned by gov.uk under i think unfair dismissal.

You would be incredibly unlikely to win by claiming unfair dismissal.

In the past two posters (probably the same one) claimed to have taken their agency or client to court over this kind of thing and won. Since becoming a contractor, I have never read any court or tribunal decision which supports this kind of thing and enables you to be classed as an independent worker.

Yet.

[l35kee]

Thank you for responding uk contractor;2528380 .
Nevertheless a solicitor representing me would work details otherwise and to my favour as mentioned by gov.uk under i think unfair dismissal.

oh dear.

https://www.gov.uk/dismiss-staff/eli...fair-dismissal <-- fyi literally googled "contractor unfair dismissal" and clicked on the first link.

[Webmoney]

Forget those 10 days I doubt you will get anything. Sorry but it sounds like you upset someone, did not fit in or were just not up to the job they expected you to do. I have been contracting for over 2 decades now & always got paid notice even when they asked me to leave at short notice. The most paid notice I got without having to work it was 6 weeks as a thank you for the hard work I put in on a major project. A lot of this is based on how you fit in & the sort of person you are sorry based on what you say sounds like you did not fit in so no way are they going to pay for 10 days offsite!


The only right direction to point you in is find another role & learn from this experience.

Thank you for responding uk contractor;2528380 .

There are a lot of things which have been assumed here or plain fabricated here in your response - plain did not fit in , upset someone ... kind of remarks . Must say vivid imagination for sure Nevertheless a solicitor representing me would work details otherwise and to my favour as mentioned by gov.uk under i think unfair dismissal.

Thank you for the effort to pen down speculation on what actually happened.

[Manic]

If your contract was terminated for non performance then I expect they are relying on another clause which will be "immediate effect". So contractually not entitled to the 10 days notice.

[uk contractor]

Forget those 10 days I doubt you will get anything. Sorry but it sounds like you upset someone, did not fit in or were just not up to the job they expected you to do. I have been contracting for over 2 decades now & always got paid notice even when they asked me to leave at short notice. The most paid notice I got without having to work it was 6 weeks as a thank you for the hard work I put in on a major project. A lot of this is based on how you fit in & the sort of person you are sorry based on what you say sounds like you did not fit in so no way are they going to pay for 10 days offsite!


The only right direction to point you in is find another role & learn from this experience.

[WTFH]

...

(sorry, I forgot to put in that I had edited your post to remove his name)

[northernladuk]

Last edited by WTFH; Today at 11:04. Reason: When suggesting someone should delete their name and quoting the post, you should delete their name from the quote!!!

Doh!!!

[ladymuck]

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

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.

It does happen, have seen it myself too. It's just not the norm.

[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 .

[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.