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Being fired as a IT contractor

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    Being fired as a IT contractor

    Hi there,

    I am an IT contractor through my own limited company. I've been in my current role 2 months - and to be honest I'm not enjoying it at all and want to leave. I am on 4 weeks notice period.

    I told my boss this week that I wanted to take 3 days off next week (weds, thurs and fri) - as my friends have booked a holiday and I want to go. I appreciate this is short notice I've given her. She has declined and said she needs me in the office (even though she doesnt because theres nothing at all to do)).

    Long and short of it ----- im going on the holiday - be it by taking sick leave or just ignoring her advice not to go. I care more about going on the holiday than the job.....

    However - if I do get fired I would like to still work out my 4 week notice period - which I'm worried might be put in danger if I go on the holiday after being told not to.

    Can you let me know if there is any way I can preserve my 4 week notice period in this situation - Would it work if I claimed I was sick even though it was an obvious lie?

    Thanks for your help

    From - probably not the best person to hire for a job

    #2
    Well.... I usually say - I am going to be unavailable to provide services between xxx and yyy. I don't request holiday. Usually I have an informal conversation with my customer contact first though.

    Honestly now you've said you want to go on holiday and your 'boss' has said no, there's not a lot you can do beyond either buckling and not going, or saying 'I won't be available'.

    If your customer decides to serve notice, there's nothing you can do. Assuming you have an IR35 tight contract, they could even terminate you on the spot and say, "We have to give you 4 weeks notice, but there's no work. Please don't come in."

    You will have no rights, no legal recourse, nothing. That's the reality of contracting I'm afraid.....

    .....and no, lying will not help the situation.
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

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      #3
      they have to pay for those 4 weeks notice though right?

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        #4
        thats all i care about as its a significant amount of money to me

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          #5
          Paging NLUK.....

          Of course not. You only get paid for what you work. No work means no pay. Perhaps your previous customer who keeps emailing you for support problems might give you some work?
          And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

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            #6
            Originally posted by dltasty View Post
            thats all i care about as its a significant amount of money to me
            No they don't.

            They can simply say you are no longer needed and no work required = no pay.
            merely at clientco for the entertainment

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              #7
              'I am an IT contractor' - After reading that I'd beg to differ.

              To be honest if you ask for leave and go you are more likely to instantly terminated under a different clause which means no notice period.

              You really need to understand what it is to be a contractor. There are so many red flags in that post I don't know where to start.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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                #8
                hmmm --- so its in my contract that I have a 4 week notice period both ways. So i completely disagree with you - they cant just fire me without paying me for 4 weeks notice....its in the contract.....

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                  #9
                  Originally posted by dltasty View Post
                  hmmm --- so its in my contract that I have a 4 week notice period both ways. So i completely disagree with you - they cant just fire me without paying me for 4 weeks notice....its in the contract.....
                  You also have in your contract a term that states you don't get paid without a signed time sheet which you won't get if the client decides not to give you any work.

                  You will also have a clause allowing instant termination if you do anything stupid.

                  You are a contractor now so stop acting like a dumb permie. Notice periods can be irrelevant for us for the reasons mentioned above.

                  You ask a pretty daft question, you get told the same thing and now you think you are a contract lawer and telling us what you need to ask in the first place?
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #10
                    its their decision whether they want me to work those 4 weeks or if they put me on garden leave - but they have to honour the 4 weeks period - and if they dont I would have grounds to sue them. My question was more whether the legality of the notice period would be ruined by me going on a holiday ive been told not to - as a previous poster said - cant I just say - unfortuantely I will not be able to provide my services weds, thurs and friday next week. They can choose to fire me as a result of that - but I dont think it's enough reason for them to fire me AND not honour my contractual notice period.....

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