Reply to: Client Did Not Adhere to Contracted Notice Period

[ladymuck]

Many clients get it into their head that they have to have you 5 days a week. When you point out that you'd quite happily work part time often a little penny drops and they start to think differently.

As I generally get given a PO for a set number of days, I often remind clients that having me around unnecessarily just burns the PO faster when they could cherry pick when they actually need me.

[HBee]

Point this out to them, they may have overlooked this vital information and assume bau need no support


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I have pointed out the gap in BAU skillset so you're spot on - next step will be to offer reduced rate/days.

Many thanks for the response!

[HBee]

And if they agree, try to get a new contract written for the BAU support work, in case the IR35-police come calling in future.

Absolutely!

Was assessed by them just prior to covid and was confirmed as outside IR35 for the program role, but supporting BAU is a different kettle of fish!
Let's see how they respond.

Thanks

[Paralytic]

Point this out to them, they may have overlooked this vital information and assume bau need no support

And if they agree, try to get a new contract written for the BAU support work, in case the IR35-police come calling in future.

[GhostofTarbera]

You know I actually would have worked part time at a reduced rate for a while. With no work on the horizon, it would have been good to support the BAU team who've relied heavily on a program team of experts and will now be completely lost.

Thanks for the answer.

Point this out to them, they may have overlooked this vital information and assume bau need no support


Sent from my iPhone using Contractor UK Forum

[HBee]

Getting 7 days is more than some get. Others get walked the same day.

If they say there's no funding for the next four weeks to pay you, would you still go in and work for free?

These things happen, that's one of the reasons you're paid more.

You know I actually would have worked part time at a reduced rate for a while. With no work on the horizon, it would have been good to support the BAU team who've relied heavily on a program team of experts and will now be completely lost.

Thanks for the answer.

[HBee]

In your contract it will say you get paid upon receipt of a signed time sheet. You do work, it gets signed off you get paid.

The contract can still run even if you are not doing work. You've got 7 days work left for which you can bill. You've got 13 days left you can't bill for. The notice is 4 weeks but you only get paid for 7 days.

Pretty standard stuff. Clients often honour notice periods but, as per this situation, they don't have to pay you for the full duration.

It's just contracting.

Many thanks for the great response, really appreciate it

[HBee]

Without shooting yourself in the foot ? Ermm, no.

You are not being terminated, merely given a week's warning that you will have no work for a while (can't imagine why, perhaps there's been some kind of global emergency or something). Hence, your notice clause doesn't apply.

Moreover, if you really want to be paid for doing nothing - which is what is implied by any kind of notice period in your contract, or by expecting three weeks pay for doing nothing as per your post - you really don't fully understand IR35. Or business risk, come to that.

HTH

Cheers for the response

[HBee]

Your contract works on the basis that if they don't have work for you to do they don't need to pay you.

You've been given 7 days notice make the most of it as a lot of people have been binned with no notice and no pay off.

Many thanks eek!

[HBee]

In your contract it will say you get paid upon receipt of a signed time sheet. You do work, it gets signed off you get paid.

The contract can still run even if you are not doing work. You've got 7 days work left for which you can bill. You've got 13 days left you can't bill for. The notice is 4 weeks but you only get paid for 7 days.

Pretty standard stuff. Clients often honour notice periods but, as per this situation, they don't have to pay you for the full duration.

It's just contracting.

Many thanks for the advice, really appreciate it

[HBee]

Thanks!

Many thanks everyone for the rapid response.

I understand these are unusual times (and I also understand IR35...).

Really appreciate your advice.

[northernladuk]

In your contract it will say you get paid upon receipt of a signed time sheet. You do work, it gets signed off you get paid.

The contract can still run even if you are not doing work. You've got 7 days work left for which you can bill. You've got 13 days left you can't bill for. The notice is 4 weeks but you only get paid for 7 days.

Pretty standard stuff. Clients often honour notice periods but, as per this situation, they don't have to pay you for the full duration.

It's just contracting.

[malvolio]

Without shooting yourself in the foot ? Ermm, no.

You are not being terminated, merely given a week's warning that you will have no work for a while (can't imagine why, perhaps there's been some kind of global emergency or something). Hence, your notice clause doesn't apply.

Moreover, if you really want to be paid for doing nothing - which is what is implied by any kind of notice period in your contract, or by expecting three weeks pay for doing nothing as per your post - you really don't fully understand IR35. Or business risk, come to that.

HTH

[LondonManc]

Hi everyone

Not sure if anyone has any advice?

Working on a long term global project - contracted (I am a Ltd Co Director) in the UK.

Contract states that 4 weeks notice is required by either party if terminating.

Program is being paused for up to 6 months due to covid-19 and I (and the team) have been given 7 days notice.

Has this happened to anyone else?

Is there anything I can do about the lack of notice without shooting myself in the foot?

Any advice greatly appreciated, thanks.

Getting 7 days is more than some get. Others get walked the same day.

If they say there's no funding for the next four weeks to pay you, would you still go in and work for free?

These things happen, that's one of the reasons you're paid more.

[eek]

Your contract works on the basis that if they don't have work for you to do they don't need to pay you.

You've been given 7 days notice make the most of it as a lot of people have been binned with no notice and no pay off.