Receiving notice during enforced leave (or 'Furlough')

[CyberRock]

My client announced (or mandated) two weeks leave (called 'Furlough') in December for all contractors which was not mentioned in my contract. The client is effectively shortening the contract and I'm now having to take non-fee earning absence until resuming the contract on the 3rd Jan 2017.

However, if during the two week enforced leave, notice is provided by the client thereby effectively making the two week notice cost nothing for them and meanliness for me, does that sound right?

It seems to me that the client should wait until the contract resumes on the 3rd Jan.

Does anyone know what the legal position is? Should the client provide notice on the 3rd Jan or can they legally het away with what they have done?

Thanks

[eek]

My client announced (or mandated) two weeks leave (called 'Furlough') in December for all contractors which was not mentioned in my contract. The client is effectively shortening the contract and I'm now having to take non-fee earning absence until resuming the contract on the 3rd Jan 2017.

However, if during the two week enforced leave, notice is provided by the client thereby effectively making the two week notice cost nothing for them and meanliness for me, does that sound right?

It seems to me that the client should wait until the contract resumes on the 3rd Jan.

Does anyone know what the legal position is? Should the client provide notice on the 3rd Jan or can they legally het away with what they have done?

Thanks

So they have served notice while you are on holiday. Yep its not nice but perfectly valid within the terms and conditions you've signed.

[ladymuck]

Welcome to banking!

[northernladuk]

To be fair they can bin you instantly even if you are in. You only get paid for the days you work which is in your contract and they don't have to give you work ergo instant termination.

That's contracting. At least you didn't get a take or leave it rate cut.

[northernladuk]

Have a look at this... And I don't believe all of them are on there.

http://www.egos.co.uk/contract-breakers.htm

[northernladuk]

Banking isn't the only sector that imposes mandatory leave during change freezes at this time of year. Even some PS departments don't need you for the last week.

[ladymuck]

Very true. I've just not experienced it in other industries.

[chopper]

My client announced (or mandated) two weeks leave (called 'Furlough') in December for all contractors which was not mentioned in my contract.

I bet it is in your contract. It might not say "We're going to force you to take two weeks off over christmas", but it might say something like "the Service Provider shall not be entitled to receive payment from either the Company or the Client for time not spent on Assignment whether in respect of holidays, illness or absence for any other reason."

And that "any other reason" in this case is a) christmas furlough, but could also be b) your contracted notice period. Which means your notice period could be 5, 7, 14, 28, 100 days, but they can ask you to leave immediately anyway and you cannot expect to be paid for it.

So they could give you your notice now, or they could give it to you on 3rd January, but the end result would be the same if they asked you not to come in to serve your notice period.

[northernladuk]

I bet it is in your contract. It might not say "We're going to force you to take two weeks off over christmas", but it might say something like "the Service Provider shall not be entitled to receive payment from either the Company or the Client for time not spent on Assignment whether in respect of holidays, illness or absence for any other reason."
.

I would hope he doesn't. That one wouldn't get passed a basic contract check wouldn't it? Sounds a bit too permie that.