Notice period Issue

[eek]

Well I've checked the regulations and the opt out only applies to work seekers who are incorporated in regulation 32 section 9.

https://www.legislation.gov.uk/uksi/...lation/32/made

"which is a company" means any company other than the agency itself...

And an umbrella company has a duty to seek work for their employees as their current engagement comes to an end - they purpose is to both pay their employees correctly and help seek work for those employees.

Granted most umbrella firms completely fail to fulfil the work-seeking requirement but that doesn't mean they are excused from doing so.

[BlasterBates]

A guide to opting out of the Conduct Regulations :: The REC writing especially for Agencies using Umbrellas.

Why would REC have a leaflet that supports opting out if it isn't possible to do so.

Well I've checked the regulations and the opt out only applies to work seekers who are incorporated in regulation 32 section 9.

https://www.legislation.gov.uk/uksi/...lation/32/made

Subject to paragraph (12), paragraphs (1)—(8) shall not apply where a work-seeker which is a company, and the person who is or would be supplied by that work-seeker to carry out the work, agree that they should not apply, and give notice of that agreement to an employment business or agency, provided that such notice is given before the introduction or supply of the work-seeker or the person who would be supplied by the work-seeker to do the work, to the hirer.

[eek]

A guide to opting out of the Conduct Regulations :: The REC writing especially for Agencies using Umbrellas.

Why would REC have a leaflet that supports opting out if it isn't possible to do so.

[BlasterBates]

That's wrong - there are other reasons why you may wish to opt out (although personally you would be completely insane to do so).

Are you sure?

https://clarityumbrella.co.uk/opt-in...-conduct-regs/

The Regulations permit individuals to opt-out of the Regulations if they are:

• Working through a limited company; and
• Not working with people under the age of 18 or vulnerable adults.

[eek]

My understanding of opting out is that you have to be working through your own Ltd company. Of course you can be inside IR35 and working through a Ltd.

That's wrong - there are other reasons why you may wish to opt out (although personally you would be completely insane to do so).

[BlasterBates]

Sadly not - it's perfectly possible for an umbrella contract to be outside the employment agency conduct regulations.

Some of the FCSA's umbrellas actively work to ensure their umbrella workers opt out.

My understanding of opting out is that you have to be working through your own Ltd company. Of course you can be inside IR35 and working through a Ltd.

[eek]

Legally any contract inside IR35 should now be covered by the employment agency conduct regulations. Under the regulations I suspect that there is a legal argument for notice periods to be adhered to, whatever the notice period in the contract is.

Sadly not - it's perfectly possible for an umbrella contract to be outside the employment agency conduct regulations.

Some of the FCSA's umbrellas actively work to ensure their umbrella workers opt out.

[BlasterBates]

Legally any contract inside IR35 should now be covered by the employment agency conduct regulations. Under the regulations I suspect that there is a legal argument for notice periods to be adhered to, whatever the notice period in the contract is.

[eek]

It seems like you should get statutory notice of one week (or longer if it’s in the contract). That no work available zero notice thing should only be in outside IR35 contracts.

Whether they can get round this or not would have to be tested by the courts, which would cost them more than paying one week’s notice so you should be fine.

I have had a similar problem a couple of times (albeit with a clear contract) and they paid up after I stood my ground.

Nope - the OP may get very, very lucky but he resigned and the end client has decided that no more work is required.

There could be an argument if it was the end client getting rid of you but no chance in hell given that the OP is the person who has given the end client and agency a problem.

[hugebrain]

Hello all,

I have been working through an umbrella company for the last 3 months on a contract. I decided to hand in notice recently and offered to work either 1 week if they were flexible or 2 weeks which is the actual notice period. I was happy to work the full 2 weeks but preferably one week. The next day the client terminates my contract with immediate effect. Do I have any rights seeing as I am an employee now and not an outside IR35 contractor? Should I have the right to work my notice and should they at least pay me for their notice period (Payment in lieu) I was willing to work the notice.

Thanks in advance

It seems like you should get statutory notice of one week (or longer if it’s in the contract). That no work available zero notice thing should only be in outside IR35 contracts.

Whether they can get round this or not would have to be tested by the courts, which would cost them more than paying one week’s notice so you should be fine.

I have had a similar problem a couple of times (albeit with a clear contract) and they paid up after I stood my ground.

[mallisarealperson]

Hello all,

I have been working through an umbrella company for the last 3 months on a contract. I decided to hand in notice recently and offered to work either 1 week if they were flexible or 2 weeks which is the actual notice period. I was happy to work the full 2 weeks but preferably one week. The next day the client terminates my contract with immediate effect. Do I have any rights seeing as I am an employee now and not an outside IR35 contractor? Should I have the right to work my notice and should they at least pay me for their notice period (Payment in lieu) I was willing to work the notice.

Thanks in advance

You are treated as an employee for TAX PURPOSES ONLY.

I know a load of c###. But that is what it is.

This and many other forums have discussed this issue many times before.

So much for getting rid of zero hours contracts etc.

Sorry you got terminated. Hope all works out for you.

[eek]

No - the entire point of contingent labour is that they can get rid of you with zero notice if no work is available.

No work is available therefore you won't be paid.

[Samm]

Hello all,

I have been working through an umbrella company for the last 3 months on a contract. I decided to hand in notice recently and offered to work either 1 week if they were flexible or 2 weeks which is the actual notice period. I was happy to work the full 2 weeks but preferably one week. The next day the client terminates my contract with immediate effect. Do I have any rights seeing as I am an employee now and not an outside IR35 contractor? Should I have the right to work my notice and should they at least pay me for their notice period (Payment in lieu) I was willing to work the notice.

Thanks in advance