Notice Period

[sluice]

I work as a limited company. I was recently given notice on a Friday by my agency of 1 week after working through them for over 1 year. The following Monday was a Bank Holiday. Am I entitled to invoice for 5 days or only 4? I am under the impression that the legal minimum is 1 working week under these circumstances, although the agency tells me I can only claim for 4 days.

[BrowneIssue]

Welcome, newbie.

I work as a limited company. I was given notice by my agency of 1 week. The following Monday was a Bank Holiday. Am I entitled to invoice for 5 days or only 4?

A week's notice is seven calendar days, not five working days, unless the contract says otherwise.

You get to work for 4 days and get paid for 4 days.

However, you do get to spend the Bank Holiday Monday updating your CV and uploading it to the job sites and doing whatever research you need to do to hit the job boards running.

You have had a year's money out of this contract, don't fret about that one day.

ALTERNATIVELY: the implication is you do not need to attend and you are off-site. You still get 4 days' dosh - but for doing NOTHING! That's a huge win.

Finally, be glad you had a notice period. Most of my contracts have specified a zero notice period.

More thoughts: what does the contract say the notice period is?

[northernladuk]

Maybe you have been working around permies to long with these ideas of billing for days you don't work and having legal rights as standard.

You are a company owner contracting your services not a permie. Once you work that out questions like this become fairly obvious.

Get used to 1 days notices and not being able to bill for the last week as you were walked off etc and you might get over the cushy number you have had and not get a shock at your next gig.

[sluice]

Notice Period

Thanks for your advice, guys, however unwelcome it is. I'll go quietly!

[TheFaQQer]

I work as a limited company. I was recently given notice on a Friday by my agency of 1 week after working through them for over 1 year. The following Monday was a Bank Holiday. Am I entitled to invoice for 5 days or only 4? I am under the impression that the legal minimum is 1 working week under these circumstances, although the agency tells me I can only claim for 4 days.

The "legal minimum" is whatever the contract says. However, usually the contract states that you only get paid for the days that you work - otherwise you fall dangerously close to failing IR35 tests on the grounds of mutuality of obligation.

[Gonzo]

Thanks for your advice, guys, however unwelcome it is. I'll go quietly!

No, no, no, no, no.

It is traditional for newbies to argue with the advice they are given if they don't like it.

Noone ever says thank you either.



This is a clear case of sockpuppet fail.

[BrowneIssue]

Thanks for your advice, guys, however unwelcome it is. I'll go quietly!

There's no need to go away.

The most important bit is: what does your contract say about any notice period?

[sluice]

Notice Period

Sorry, I forgot I was a newbie. No, no, I'll fight it till the day I die and promise to take it to the European Court of justice tomorrow. The contract states 1 week unless I grossly misconduct myself. I don't think I did that, unless that little problemette with Lynette and her mum in the tea room was noticed. My lips are sealed, BTW.

[Sally BFCA]

I'm with Northernlad on this one.

Running your own Ltd Co you are contracting your services, not employed by the people you provide them to.

This wouldn't go down well AT ALL from an IR35 point of view! (not knowing whether you are inside or out)

[TheFaQQer]

Of course, if the contract was worded such that there is an "early termination fee" equivalent to 28 days of billing, then that would help

It's not getting paid for work that you don't do, it's a standard business to business clause to penalise one party for breaking the contract.