Notice Period given by client

[connie999]

I've recently started a new contract and have been taken ill which now means that i will be unable to work for a couple of months until i have had my 2nd op. The client is now looking to finish my contract early, however, I want to go back to work for them once i'm well (I have full sick notes from doc for the period of time off) and we have 4 weeks reciprocal notice period in the contract. Can they just let me go or do they have to pay me the 4 weeks if they arent prepared to wait for me to return?

Long winded ? but need to know from a legal point of view.

[thunderlizard]

well I think it boils down to 2 things:

(1) They have to give you 4 weeks notice of terminating the agreement
(2) They don't have to pay you anything for any time you're not working (probably!)

So, if they give notice right now, and it takes you more than the 4 weeks to get back to work, then they don't owe you anything.

tl

PS- hope you get well soon!

[Turion]

I've recently started a new contract and have been taken ill which now means that i will be unable to work for a couple of months until i have had my 2nd op

What next - contractors will be asking clients for sick pay , No wonder we're getting screwed for IR35.

Whilst I sympathise with your I'll health, I don't blame the client for wanting to fire you, which they are perfectly entitled to do, without further payment. Your business is failing to deliver the services promised. In this situation you must either supply a substiute (if allowed) or terminate.

Don't get contract business mixed up with permie employment rights - you have none. It also seems that you may have known about the illness and still accepted the contract.

[TheVoice]

Put a substitute in for the time you cant work & do things that way.

Assuming you have a real contract for supply of services as a business & not a default agency permitractor screw-over.

[BrilloPad]

I've recently started a new contract and have been taken ill which now means that i will be unable to work for a couple of months until i have had my 2nd op. The client is now looking to finish my contract early, however, I want to go back to work for them once i'm well (I have full sick notes from doc for the period of time off) and we have 4 weeks reciprocal notice period in the contract. Can they just let me go or do they have to pay me the 4 weeks if they arent prepared to wait for me to return?

Long winded ? but need to know from a legal point of view.

Very sorry to hear it and hope you get well soon. But alas you will get nothing. If you knew you were going to be ill you could have gone permie.

[Turion]

Very sorry to hear it and hope you get well soon. But alas you will get nothing. If you knew you were going to be ill you could have gone permie.

That would not have stopped her from being fired. Permies can be fired without reason in the probation period / first year of empoyment.

Lets face it, employers need people to do the job, so no employer would employ a sickie if they were aware of the problem beforehand (except maybe a government / council employer)

[NotAllThere]

It seems likely to me that the client could terminate immediately, under force majeur. They could claim that it is impossible for the contract to be fulfileld, without blame being attached. So, no, they don't have to pay you.

Once you're well, contact the client and see if they still want your services. If you're currently going through an agency, enough time might have elapsed for you to go direct.