Reply to: Notice Period for a fix term contract not been paid

[LondonManc]

I get the feeling that I may have been shafted slightly, and maybe need to get a solicitor involved to see if there is a possibility for breach of contract

Probably but you'll find that's part of contracting. You may get shafted with no recourse - a simple case of "don't work your notice, we're not obliged to give you work for the four weeks, goodbye."

Turn it the other way round - do you think that, if the client declare that they've run out of money, you must work your notice even though there's no chance of being paid?

"The budget has been pulled."
"The project has changed direction."

Two common phrases used when canning contractors without notice.

[northernladuk]

I get the feeling that I may have been shafted slightly, and maybe need to get a solicitor involved to see if there is a possibility for breach of contract

We are trying to tell you exactly the opposite. This is very common and happens of often in contracting.

Use Google and search the forums and you'll find 100s of threads on the same topic.

Type in.
Notice period site:contractoruk.com/forums

What should be more concerning to you is you don't appear to understand your engagement model and sounds like you've not read your contract thoroughly enough.

[Old Greg]

I get the feeling that I may have been shafted slightly, and maybe need to get a solicitor involved to see if there is a possibility for breach of contract

Even if the contract has been breached, it doesn't mean you suffered any damages - i.e. if there was no payment due because you hadn't done any work. If you can find a solicitor to give you a free Introductory meeting, there's no harm in that.

[cannon999]

There is no breach of contract. You get paid for the work that you do. No work done = no pay. I assume you are new to contracting?

[Delity]

Last sentence is irrelevant I'm afraid.

You gave their argument. Is that what the contract says? How does that contract define your remuneration. I.e. what is it in return for?

Should I get a solicitor involved to see if there is a possibility for breach of contract

[Delity]

Last sentence is irrelevant I'm afraid.

You gave their argument. Is that what the contract says? How does that contract define your remuneration. I.e. what is it in return for?

There is no real definition of this

[Old Greg]

Correct, and it's not clear and there is ambiguity, their argument is based on :

the consultant (me) will provide services for projects undertaken from time to time

I know full well should I have left mid-project, they would have held me to my notice of 4 weeks to complete project/hand over

Last sentence is irrelevant I'm afraid.

You gave their argument. Is that what the contract says? How does that contract define your remuneration. I.e. what is it in return for?

[Delity]

The problem is whether or not the client can give four weeks' notice to terminate the contract (or even just terminate without notice) and say that there is no work available, meaning that there is no payment due, as payment is made for work done. Only a proper read of the contract will reveal this.

Correct, and it's not clear and there is ambiguity, their argument is based on :

[Old Greg]

Paid monthly in arrears, invoice to be submitted not signed timesheets etc

Notice is simply either party can give 4 weeks notice to terminate the contract, in writing

The problem is whether or not the client can give four weeks' notice to terminate the contract (or even just terminate without notice) and say that there is no work available, meaning that there is no payment due, as payment is made for work done. Only a proper read of the contract will reveal this.

[northernladuk]

Paid monthly in arrears, invoice to be submitted not signed timesheets etc

Notice is simply either party can give 4 weeks notice to terminate the contract, in writing

Have you read your contract? What currency are you paid in?

[Delity]

Understood. Very few of us here are sole traders, however...

...what does your contract say about payment, signed timesheets, and notice period?

Notice is simply either party can give 4 weeks notice to terminate the contract, in writing

[Old Greg]

sole trader, no agency involved

Understood. Very few of us here are sole traders, however...

...what does your contract say about payment, signed timesheets and notice period?

[northernladuk]

monthly

Month or week in arrears?

[Delity]

Are you on weekly or monthly payment cycle?

monthly

[Delity]

Are you a sole trader? Is an agency involved?

no agency involved