Help with notice period...

[boredsenseless]

Hi Denny,

Yes, I am contracting.

Well thats interesting as there are various opinions on my situation....

The agency are saying I will leave on the Friday 29 Dec and get paid for the following week (well, 4 days anyhow as New Years Day is Mon) whilst not being on site but through no fault of my own I miss out on three days pay, actually its four days as the client has a day off on the 27th too.

Were you actually planning on working Christmas!

FFS stop whinging and divert your energy into getting a new permie role

[boredsenseless]

[QUOTE=fair_play]

1. Keep this in the other thread where you asked it already.

Apologies for not including this in the other thread.

The contract says "Four weeks in writing by either party"

Now I am confused..

Sockpuppet, you say they have to pay me you 20 days pay. If this is crimbo, new year etc they can ask you to take these off and do the days @ other times i.e. Jan 1st off so you would have to work Jan 2nd.

The client would want me to leave on the 29 December and therefore not work the week of Tues Jan 07.

??

Thanks

It says four weeks, this is therefore four weeks regardless of 'working days' you need a working week or working day clause to get around this.

Because it only says four weeks, and I'm guessing your contract also says only gets paid on receipt of signed timesheet, you will only get paid for the days the client signs of as you worked.

Its not what you wanted to hear but next time hopefully you'll pay more attention to the fine detail in the contract rather than just headlines such as rate and duration.

A contract is only really worth what the minimum time 'to bin' is. In this case it seems to be four weeks (regardless of holidays, non-working days etc) and even worse only if they agree you worked the days.

[fair_play]

You are entitled to four weeks from the time the notice period kicks in which is not necessarily 20 working days unless there are no holidays stuck in the way. That means from the date of notice to the date of leaving four weeks later minus any bank holidays you can't work around. The poster below is wrong. If bank holidays are stuck in the way, tough! You don't get anything to compensate for these, unless you can work them out at weekends during the same period. I doubt you will be allowed to if you are expected to work Mon-Friday usually. Looking at my calandar you will miss out on three working days - two Mondays and a Tuesday (Xmas day and NY day and Boxing Day). So in effect you will be paid for 17 working days.

You certainly won't get anything for taking time off sick either. The whole point of contracting is that any leave of absence that would normally be granted for permie staff is compensated in the daily or hourly rate you get - which is normally higher than the permie equivalent.

Are you actually contracting or are you a fixed term employee?

Hi Denny,

Yes, I am contracting.

Well thats interesting as there are various opinions on my situation....

The agency are saying I will leave on the Friday 29 Dec and get paid for the following week (well, 4 days anyhow as New Years Day is Mon) whilst not being on site but through no fault of my own I miss out on three days pay, actually its four days as the client has a day off on the 27th too.

[Denny]

Hi,

I have been given four weeks notice as of today, Monday 11 Dec (as per my contract). Does this mean that four weeks pay i.e 20 working days, legally have to be paid to me despite the fact that through no choice of my own four of the days are Christmas day, Boxing day, Wed 27 dec (a day where the company does not work) and New Years Day or does it not work like this ?

Furthermore if I was off ill for any of days in the notice period would I legally be entitled to be paid as part of my notice period ?

Does anyone know ?

Many thanks for your help.

You are entitled to four weeks from the time the notice period kicks in which is not necessarily 20 working days unless there are no holidays stuck in the way. That means from the date of notice to the date of leaving four weeks later minus any bank holidays you can't work around. The poster below is wrong. If bank holidays are stuck in the way, tough! You don't get anything to compensate for these, unless you can work them out at weekends during the same period. I doubt you will be allowed to if you are expected to work Mon-Friday usually. Looking at my calandar you will miss out on three working days - two Mondays and a Tuesday (Xmas day and NY day and Boxing Day). So in effect you will be paid for 17 working days.

You certainly won't get anything for taking time off sick either. The whole point of contracting is that any leave of absence that would normally be granted for permie staff is compensated in the daily or hourly rate you get - which is normally higher than the permie equivalent.

Are you actually contracting or are you a fixed term employee?

[Sockpuppet]

[QUOTE=fair_play]

1. Keep this in the other thread where you asked it already.

Apologies for not including this in the other thread.

The contract says "Four weeks in writing by either party"

Now I am confused..

Sockpuppet, you say they have to pay me you 20 days pay. If this is crimbo, new year etc they can ask you to take these off and do the days @ other times i.e. Jan 1st off so you would have to work Jan 2nd.

The client would want me to leave on the 29 December and therefore not work the week of Tues Jan 07.

??

Thanks

If they want you offsite by the 29th then yes they have to pay you for the 20 days even if you dont work them.

[fair_play]

[QUOTE=Sockpuppet]1. Keep this in the other thread where you asked it already.

Apologies for not including this in the other thread.

The contract says "Four weeks in writing by either party"

Now I am confused..

Sockpuppet, you say they have to pay me you 20 days pay. If this is crimbo, new year etc they can ask you to take these off and do the days @ other times i.e. Jan 1st off so you would have to work Jan 2nd.

The client would want me to leave on the 29 December and therefore not work the week of Tues Jan 07.

??

Thanks

[Cowboy Bob]

I don't think I explained myself well:-

4 weeks - Dec 11th to Jan 7th (minus bank holidays)
4 working weeks - 20 working days with bank holidays not being counted so notice will be paid mid Jan sometime.

[Sockpuppet]

Does it say "4 weeks" or "4 working weeks" in the contract? If it says the former then you probably don't get paid for the bank holidays, if the latter then you probably do.

Could they claim that the working week wasnt inclusive of bank holidays as you would not have had to work these if you were not on notice?

[Cowboy Bob]

Does it say "4 weeks" or "4 working weeks" in the contract? If it says the former then you probably don't get paid for the bank holidays, if the latter then you probably do.

As for sick pay, you're joking right? As I said in a response to a previous post of yours, you don't get employment rights as a contractor. That's why you get paid more (or at least you should).

Are you sure contracting is for you?

[Sockpuppet]

1. Keep this in the other thread where you asked it already.

2. Yes. They have to pay you 20 days pay. If this is crimbo, new year etc they can ask you to take these off and do the days @ other times i.e. Jan 1st off so you would have to work Jan 2nd.

3. Dont even ask that. You are (well trying to be) a contractor. You are not apermie and have no rights as one. This means, no sick pay, no maternity, no holiday (other than what your company provides to you...not what the client provides).

Think of it like this. If a photographer didnt turn upto your wedding would you pay him? No, so why would you get paid for not turning upto work.

If you thinking of throwing a sickie then you are going to get eaten alive. You still need these people for references and if you invent a sickness do you think they are going to provide one for you.

You may need to ask yourself why you have had 2 contracts in a row go bad on you. I'm not going to acuse you of not being any good but maybe you need to investigate this stuff more before you sign, and asking about how much notice you get or sick pay to me says that you really are not sure about the insecurities of being a contractor and should return to permie work.

[fair_play]

Hi,

I have been given four weeks notice as of today, Monday 11 Dec (as per my contract). Does this mean that four weeks pay i.e 20 working days, legally have to be paid to me despite the fact that through no choice of my own four of the days are Christmas day, Boxing day, Wed 27 dec (a day where the company does not work) and New Years Day or does it not work like this ?

Furthermore if I was off ill for any of days in the notice period would I legally be entitled to be paid as part of my notice period ?

Does anyone know ?

Many thanks for your help.