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Am I entitled to notice period paid if ill?

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    Am I entitled to notice period paid if ill?

    3 months ago I got a contract for 1 year, after 2 weeks being there I felt ill: I fall sleep at a times, could not help it, they realized that and I received a warning, I told them that I was going to visit my GP because I for some reason I could not sleep well at night, I was working well, delivering what was meant to deliver etc, no problems from that point of view. The problem is that they realized for a second time I was sleepy and they decide to finish my contract. I am not blaming them, it is my fault I am sick and I need to fix that, but my question is:

    They did not respect the 1 week notice period, they fired me the very same day they told me , am I entitle to charge them for 1 week because of the notice period?

    #2
    It's a very simple answer to a simple question. You get paid for working. Nothing else.

    Your best option is to get your health sorted and move on.
    Blog? What blog...?

    Comment


      #3
      Originally posted by bul View Post
      They did not respect the 1 week notice period, they fired me the very same day they told me , am I entitle to charge them for 1 week because of the notice period?
      What (specifically) does your contract say?

      In most cases, you will only get paid for work that you complete and have a time sheet approved by the client for. However, your contract may provide for something slightly different (essentially a penalty for early termination clause rather than a notice period during which time you only get paid for the work that you complete). Make sure you read it carefully and see whether you can get paid for the time or not.

      I know people who have been paid for their notice period (ranging from one week to four weeks) but I know far more people who did not get paid for the notice period where they did not work.

      Hope you get better soon.
      I'm not fat, I'm just fluffy.

      Comment


        #4
        Would you pay a builder if they said "sorry I'm ill and can't finish your job" or would you say "sorry, I'll have to find another builder"? How would you respond if he asked you for payment anyway?

        Comment


          #5
          Am I entitled to notice period paid if ill?

          I came home home from work and found a plumber naked in bed - my wife who was meant to be supervising him had just popped out to the shops (strange her car was in the drive) plumber said he was sleepy and needed a nap, but did not want to mess up the sheets with white paint like stains on the carpet/curtains etc - so I get why being sleepy at work is a problem

          I did not pay him for snoozy time

          My wife seemed happy enough but had a funny walk when she returned from the shop


          Sent from my iPhone using Contractor UK Forum

          Comment


            #6
            Originally posted by bul View Post
            They did not respect the 1 week notice period, they fired me the very same day they told me , am I entitle to charge them for 1 week because of the notice period?
            You are entitled to do anything you want. Charging them does not equate to being paid though and it won't happen. Feel free to do it if you want though.

            They didn't have to honour the 1 week notice period because they terminated you on different grounds so the notice period is irrelevant. That's just one way of getting out the contract. Read it and you'll find there are others.

            Read it further and you'll find you only get paid for work done. It's all in there in black and white.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Originally posted by GhostofTarbera View Post
              I came home home from work and found a plumber naked in bed - my wife who was meant to be supervising him had just popped out to the shops (strange her car was in the drive) plumber said he was sleepy and needed a nap, but did not want to mess up the sheets with white paint like stains on the carpet/curtains etc - so I get why being sleepy at work is a problem

              I did not pay him for snoozy time

              My wife seemed happy enough but had a funny walk when she returned from the shop


              Sent from my iPhone using Contractor UK Forum
              Hiring your brother in law as a tradesman always ends in tears.

              Comment


                #8
                This is perhaps a hard lesson to learn.

                Notice period in a contract (albeit it shouldn't really be there) is irrelevant.

                You bill for the time/work you do, if there is no work, or you are unable to do the work then they simply terminate the contract, as harsh as that sounds that is the life of a contractor.

                Chalk it up to experience, get yourself better as your health should always come first and get yourself a new contract.

                Comment


                  #9
                  Originally posted by WLB2018 View Post
                  This is perhaps a hard lesson to learn.

                  Notice period in a contract (albeit it shouldn't really be there) is irrelevant.

                  You bill for the time/work you do, if there is no work, or you are unable to do the work then they simply terminate the contract, as harsh as that sounds that is the life of a contractor.

                  Chalk it up to experience, get yourself better as your health should always come first and get yourself a new contract.
                  Yes. And for IR35, one really should just have the agency put notice down in contract to 1 day.

                  Then, both the reality and the IR35 legalise are covered.

                  Comment


                    #10
                    OP - out of interest when you realised there was a problem with your health did you try to get it sorted asap? And did you keep the client posted on this?

                    Not saying that aren't some clients out there who'd still terminate you but MOST clients I reckon would give you a little slack to "sort your tulip out" so to speak.

                    You say you've been there 3 months. Out of that 3 months how often did these issues affect you? If its been most days then the client could have expected something from your end by now.

                    In my experience, as I've said, unless you're a right nasty git, giving someone the immediate boot because of health is a bit tight. Unless they've taken the piss. Sure you haven't OP?
                    Rhyddid i lofnod psychocandy!!!!

                    Comment

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