Contract Terminated Just Before Christmas Furlough

[LetterBox]

Note: the above is based upon usual terms found in contracting contracts. You may have a very special snowflake contract, but if it does force the client to pay notice, then it will mean you are certainly IR35 caught.

Agree, if the contract states that it will pay the notice period, irrespective of signed timesheets then this WILL be brought up by HMRC's legal team as very strong evidence of an employee type relationship, and that there is clear MOO in place.

Conversely if the contract states there is no MOO in that no requirement to give work and no requirement to accept, then HMRC's legal team will state that this is irrelevant as you have entered into a contract so MOO is present by definition.

Laughable really...

[Lance]

And here we go with the 'legal' thing again.

Didn't you get that memo?
If you don't like it then it's not legal.

It keeps Twitter alive (and a lot of threads on here).

[Paralytic]

It keeps Twitter alive (and a lot of threads on here).

Its illegal to say that!

[NotAllThere]

Its illegal to say that!

I like it! (Therefore it is legal).

[d000hg]

And here we go with the 'legal' thing again. Because companies that actually understand what they are doing often do things illegally...

In your contract it says you get paid per days work done and that payment will be given upon receipt of a signed timesheet. No work done or no timesheet is no pay. We do not get paid notice period if we didn't work it. It's all there in your contract so I suggest you start reading it and understanding it.

If they are giving you a week for doing nothing then snap their hand off and feel very lucky. Pretty rare for that to happen and they certainly don't need to do it.

I didn't realise you were privy to his contract!

Not all contracts stipulate a signed off timesheet for instance, though in practice I'm sure it does say they don't have to provide work you never know they might have stuffed themself

[krytonsheep]

Is this legally correct or can i contest this ?

To get a definitive answer, pay a lawyer to have a look at the contract. Will cost a few hundred quid.

As a contractor though, you should really have the mindset of a Samurai. Be prepared to be terminated at any moment, then move on to the next gig without asking any questions.

[Peoplesoft bloke]

To get a definitive answer, pay a lawyer to have a look at the contract. Will cost a few hundred quid.

As a contractor though, you should really have the mindset of a Samurai. Be prepared to be terminated at any moment, then move on to the next gig without asking any questions.

How do Samurai fare in the CEST tool?

[krytonsheep]

How do Samurai fare in the CEST tool?

A Samurai would rather die with honour than be subjected to the CEST tool.

[PerfectStorm]

So why do we have notice periods at all then?

[BR14]

So why do we have notice periods at all then?

excellent question.
although i have, in the past, been paid for notice periods i didn't have to work, when projects were canned.
that was just goodwill by the banks though.
there's no legal challenge.