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Notice Period Payment

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    Notice Period Payment

    I resigned from a contract and the client confirmed in writing that they would pay my 4 weeks notice period and I would not need to work it. Today they said they had been too hasty and advised that they now would not pay. They also launched into a character assassination claiming I had not been a good contractor. I had worked four months within which time nobody had said I was a bad worker, in fact I had the opposite. I have all the agreements made by them in writing. Should I seek legal advice?

    #2
    No. Generally, the rule is No Work = No pay. Move on to your next job.
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      #3
      What does your contract say?

      I'll bet it says no pay without a signed timesheet and you didn't submit a time sheet for that period so no pay.
      Normally people will say try it and see but it looks like you've done that so it's back to contractual terms.

      Notice periods really only protect permies.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #4
        Originally posted by northernladuk View Post
        What does your contract say?

        I'll bet it says no pay without a signed timesheet and you didn't submit a time sheet for that period so no pay.
        Normally people will say try it and see but it looks like you've done that so it's back to contractual terms.

        Notice periods really only protect permies.
        The company offered to pay the notice, I didn't ask. They emailed me telling me such.

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          #5
          Good, very kind of them, they then withdrew the offer, not very kind of them. Nothing was contractual or obligated. They made a mistake and it stings but that's that I am afraid.

          If you learn that we never get paid for time we don't work then it would have been a pleasant surprise, but when they withdrew it your just back to where you know you would have been. No loss has occurred as you believe there to be.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #6
            Why did you resign if you don't mind me asking?
            'CUK forum personality of 2011 - Winner - Yes really!!!!

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              #7
              Originally posted by northernladuk View Post
              Why did you resign if you don't mind me asking?
              Does one resign from a contract?
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                #8
                Originally posted by Stumpy46 View Post
                I resigned from a contract and the client confirmed in writing that they would pay my 4 weeks notice period and I would not need to work it. Today they said they had been too hasty and advised that they now would not pay. They also launched into a character assassination claiming I had not been a good contractor. I had worked four months within which time nobody had said I was a bad worker, in fact I had the opposite. I have all the agreements made by them in writing. Should I seek legal advice?
                Yes, assuming the "writing" is on headed paper and not just email then I would think you have a clear contractual case and it is certainly worth getting an initial consultation with a solicitor, you can usually get the first half hour consultation for free.

                If the "writing" is just email then things are a little trickier because that won't necessarily be accepted by a court, but most likely a respectable client will not try to evade the fact that they did write the email in any case.

                As for satisfactory performance, if you have signed timesheets then I would think that is OK.

                Boo

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                  #9
                  Originally posted by Boo View Post

                  If the "writing" is just email then things are a little trickier because that won't necessarily be accepted by a court, but most likely a respectable client will not try to evade the fact that they did write the email in any case.
                  Depends which person wrote the email.

                  If the person is one who has signed/authorised your timesheets then the case is good as they have authority to deal with financial matters on behalf of the client.

                  If the person has never authorised your timesheets then they will tell you to f*** off you.

                  Some companies especially big ones and the public sector are happy to fight you just to prove a point even if it costs them more money to fight you then to pay you off.
                  "You’re just a bad memory who doesn’t know when to go away" JR

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