Company refusing to Pay Notice

**malvolio** · 27 September 2014, 11:48

It's really not that hard. You get paid to work: if there's no work there's no pay. The down side of not being a permie (in fact, the only down side of being a permie...). Also, if you do get paid not to work, there went your IR35 defence since clearly you are not taking any business risks.

On a separate point, they don't want to be told it's not achievable, they want to be told how to achieve it. Unless there's a hard deadline such as a change in legal requirements, they would much rather have a plan for completion that what they have now, which is a pile of wasted investment.

Forget this one and move on.

**BolshieBastard** · 27 September 2014, 17:07

Originally posted by Shanzao View Post

Hi,

I was working for a client on a 3 month term. On arriving and looking at discovery documents I raised concerns that the consultancy would not be able to realise the benefits promised to the end client. Anyway, on Thursday I was told that Friday would be my last day on the contract after 6 weeks working for them. They are now trying to blame me as the reason the project was not achievable even when I have the Statement of Work that was written well before I started with incorrect numbers and was a month behind delivery before I started. However, I have not been given formal notice, I have just been told to 'Stand Down' and there is no further work for me. Yet, I am not allowed to bill for this stand down period.. Anyone have any experience\advice on this? My contract does state after 1 month I should be given 2 weeks, there are the normal clauses about delivery etc (I have proof of all my delivery)

This is the world of contracting not the cosy world of permidom.

Clients can get rid of you for any reason or no reason. If your contract has been IR35 'proofed' then you will likely have signed away any payment in lieu of notice conditions. Note by IR35 proofed, I mean the wording of the contract is such to be indicative of not being a disguised employee while the actual working conditions may be different.

If you want payment in lieu of notice, you need to ensure your future contracts have an early termination penalty clause but be aware the client \ agency may want reciprication which could cost you financially.

**SueEllen** · 27 September 2014, 21:15

You obviously don't understand the contract you have signed.

You haven't been given notice by the client they have just informed you that there is no more work for you to do on the project at the moment.

In theory they could call you in again before the contract expires ( but due to your attitude and capabilities they aren't likely to do so.)

Are you free to get another contract that takes up all your time? Yes because you should have a right of substitution in your contract so if they call on your services again during the contract period you just need to find a substitute for yourself in one of your contracts.

BTW Clients do this to larger consultancies as well who aren't performing.

**TheFaQQer** · 29 September 2014, 08:37

Originally posted by Shanzao View Post

My contract does state after 1 month I should be given 2 weeks, there are the normal clauses about delivery etc (I have proof of all my delivery)

What does the contract say about getting paid for not doing any work? If it does, then invoice for the period and pursue that payment; if it doesn't mention it then find something else to do.

And in the future make sure you understand what you are signing.

**Shanzao** · 9 December 2014, 20:05

Originally posted by TheFaQQer View Post

What does the contract say about getting paid for not doing any work? If it does, then invoice for the period and pursue that payment; if it doesn't mention it then find something else to do.

And in the future make sure you understand what you are signing.

Thanks for this advice. They did not terminate me. They let the contract run for another 6 weeks then told me I hope I enjoyed it, There is nothing in the contract saying about no work., no pay... I will pursue. Thanks a lot for all the advice people.

**TheCyclingProgrammer** · 9 December 2014, 20:49

Originally posted by Shanzao View Post

Thanks for this advice. They did not terminate me. They let the contract run for another 6 weeks then told me I hope I enjoyed it, There is nothing in the contract saying about no work., no pay... I will pursue. Thanks a lot for all the advice people.

If you feel you should get paid for doing no work, then why stop at those 6 weeks? Why not invoice them for weekends too?

**tarbera** · 9 December 2014, 22:44

Originally posted by Shanzao View Post

Thanks for this advice. They did not terminate me. They let the contract run for another 6 weeks then told me I hope I enjoyed it, There is nothing in the contract saying about no work., no pay... I will pursue. Thanks a lot for all the advice people.

You have zero chance, but good luck as you storm off with a petted lip

**Shanzao** · 10 December 2014, 21:55

Originally posted by tarbera View Post

You have zero chance, but good luck as you storm off with a petted lip

I have two our contracts and a very good friend who specialises in commercial law... It will just be a free pass time for me

**Shanzao** · 10 December 2014, 21:57

Originally posted by TheCyclingProgrammer View Post

If you feel you should get paid for doing no work, then why stop at those 6 weeks? Why not invoice them for weekends too?

If the contract stated that my hours were indeed weekends then I would lol

Company refusing to Pay Notice