inside IR35 Given 1 weeks notice,effectively gardening leave. Do I submit an invoice?

[SussexSeagull]

That's true but 'paid upon signed timesheet' or similar will be there in 99% of all contracts. I'd even go as far to say 100%. We are T&M based so if anyone gives out contracts without this clause wants shooting. Missing the fundamental clause to a T&M contract for a T&M worker is a proper screw up. Bearing in mind it protects the client from paying out a penny more than they need to you can be pretty confident it will always be in there.



Not really. As you've indicated yourself it's what's in the contract, not what the client says. You are probably right, they can say that because it's likely also in the contract but you did start off disagreeing with Mal because we don't know the contract and you've ended by a statement that may or may not be correct because we don't know what's in the contract.

I'm mercurial, what can I say?

I have worked notice periods where I have done next to nothing, in fact this is probably expected as you won't be picking up anything new, but the client has been happy with the situation and I retained access to any systems I needed and made myself available. Where do you draw the line?

If they suddenly cut off access it might be a different conversation.

Regardless, I have never has a situation where there wasn't something worked out that bore some resemblence to the notice period (once they cut it short due to a fairly massive failing out between me and the manager and once I requested it because I would have finished on a Tuesday and was working away from home and didn't want to travel).

[northernladuk]

I disagree. For one thing we don't know what the contract said.

That's true but 'paid upon signed timesheet' or similar will be there in 99% of all contracts. I'd even go as far to say 100%. We are T&M based so if anyone gives out contracts without this clause wants shooting. Missing the fundamental clause to a T&M contract for a T&M worker is a proper screw up. Bearing in mind it protects the client from paying out a penny more than they need to you can be pretty confident it will always be in there.

Notice periods do appear on contracts so they are a thing. Now if the client turns round and said we don't have any work for the next month so we won't be needing you while serving notice then you aren't due any money.

Not really. As you've indicated yourself it's what's in the contract, not what the client says. You are probably right, they can say that because it's likely also in the contract but you did start off disagreeing with Mal because we don't know the contract and you've ended by a statement that may or may not be correct because we don't know what's in the contract.

[SussexSeagull]

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

I disagree. For one thing we don't know what the contract said.

Notice periods do appear on contracts so they are a thing. Now if the client turns round and said we don't have any work for the next month so we won't be needing you while serving notice then you aren't due any money.

[malvolio]

You are making the assumption that paid for work done is part of the contract.

I've had contracts that are based on me being available at the end of the phone...

Heck I know MS made €250,000 on the basis that I was available at the end of a phone...

True, but not an unfair assumption. I've had jobs that included a compensation for being on call 9i.e. be immediately contactable, so no night out, no drinking, be prepared to go into work, and all the other inconveniences). Not quite the same as buggering off on holiday but still invoicing.

Even so, being on the end of a phone has no value to the client unless you actually respond to it...

[eek]

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

You are making the assumption that paid for work done is part of the contract.

I've had contracts that are based on me being available at the end of the phone...

Heck I know MS made €250,000 on the basis that I was available at the end of a phone...

[Wobblyheed]

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

This was in the good days of outside Ir35 and 5 year gigs with the same client.

[malvolio]

Definitely send an invoice. Had a similar thing happen to me when I was put on "gardening leave" for a month! I invoiced for the whole month and got it. I even went on holiday during that month.

Lucky old you. But that is more a case of the client cocking up since you are technically in breach of your contract; that bit about "paid for work done"...

So well done, but hardly sound advice!

[Wobblyheed]

Definitely send an invoice. Had a similar thing happen to me when I was put on "gardening leave" for a month! I invoiced for the whole month and got it. I even went on holiday during that month.

[northernladuk]

I am on an inside ir35 contract where employer can give me one weeks notice

Who do you consider is your employer in this scenario?

It's more filling in timesheets for the lot and then see what the end client / agency signs off.

The issue is that the umbrella will (in theory) need to pay you for the hours you report (at £12.21 minimum wage) and holiday pay at the average rate for the contract so I can see why the umbrella is confused.

But personally if you don't ask you don't get so fill in the timesheet and see what the agency / umbrella does...

At worse you won't be any worse off and with luck you will get a week at full pay.

You could see why they are confused but bearing in mind it's their job they shouldn't be. Not great when your employer/HR/Payroll doesn't know what to do in what should be a pretty common situation.

I'm not a fan of saying fill a timesheet in saying you worked time when you didn't. That's straight up fraud. You tell the brolly you worked 5 days, brolly requests payments knowing full well the terms in the contract says no work no pay and if the client pays up you are both complicit. The umbrella being 'confused' because they are clueless isn't a defence. How do you know they know full well and are trying to trick you in to puting a false timesheet in because they are gonna lose out otherwise?

Bar the umbrellas responsibilities to you as employee, anything from the client has finished the minute you stopped working.

[avonleigh]

If they gave you notice then they will pay your notice period. If they terminate the contract then you won't get anything.

[eek]

It's more filling in timesheets for the lot and then see what the end client / agency signs off.

The issue is that the umbrella will (in theory) need to pay you for the hours you report (at £12.21 minimum wage) and holiday pay at the average rate for the contract so I can see why the umbrella is confused.

But personally if you don't ask you don't get so fill in the timesheet and see what the agency / umbrella does...

At worse you won't be any worse off and with luck you will get a week at full pay.

[sadkingbilly]

I'd invoice for the whole time. They might pay up, as it's no fault of yours that the gig's changed/gone.
If they don't want to pay, then just walk away.
i don't think it'll affect your future prospects with the client/agency, as this sort of thing happens quite often.

[malvolio]

Good question. Not one with a simple answer, I suspect, but if you get paid for time worked and you aren't doing productive work then I suspect you don't get paid.

Personally I'd assume no more gig and start looking. Or have a week off!

[londonman]

I am on an inside ir35 contract where employer can give me one weeks notice

I had not worked on the project for a couple of weeks due to the end clients situation changing

when the umbrella company called me to tell me the contract was being cancelled, they told me to send in my last invoice

the umbrella company is unsure if i should put in for 5 days work as the contract was finished early

i am confused as my contract says I only get paid when I work ?

if you company effectively puts you on gardening leave and then finishes contract do you get paid your notice period ?

if i put in the invoice, i assume all that can happen is that the client refuses to pay and wont hire me again ?