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Notice period not given by client

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    Notice period not given by client

    Hi

    The client (NHS trust) recently terminated my contract (In IR35) without notice (due to being ill) and have not approved my last timesheet. They are now ignoring my agency (Venn Group) when they try to contact them. The agency are now also saying there was no notice period in the contract and dont seem interested.

    I did not sign a contract with the agency but have a notice period in my contract with the umbrella company I use who raised their contract with my agency.

    Where do I stand with getting my owed money and getting the notice period paid?

    #2
    Originally posted by Hagans88 View Post
    Hi

    The client (NHS trust) recently terminated my contract (In IR35) without notice (due to being ill) and have not approved my last timesheet. They are now ignoring my agency (Venn Group) when they try to contact them. The agency are now also saying there was no notice period in the contract and dont seem interested.

    I did not sign a contract with the agency but have a notice period in my contract with the umbrella company I use who raised their contract with my agency.

    Where do I stand with getting my owed money and getting the notice period paid?
    If it's because of sickness this will be "at fault" termination so notice is not needed.

    Did you work the period of the outstanding timesheet or were you sick?
    Originally posted by Stevie Wonder Boy
    I can't see any way to do it can you please advise?

    I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

    Comment


      #3
      I worked the first few days of the week but was ill the last couple of days. Me being ill was kind of their fault for letting someone come back to work with the flu after two days off.

      I thought if a contract was in IR35 we were supposed to be treated as an employee?

      Also wouldn't it have to be gross misconduct for termination without notice?

      Comment


        #4
        Originally posted by Hagans88 View Post
        I worked the first few days of the week but was ill the last couple of days. Me being ill was kind of their fault for letting someone come back to work with the flu after two days off.
        so your timesheet is for three days?

        I thought if a contract was in IR35 we were supposed to be treated as an employee?

        afraid not.

        Also wouldn't it have to be gross misconduct for termination without notice?

        no, - non-availability will do
        Last edited by NotAllThere; 2 December 2019, 12:32. Reason: Fixed quote tags

        Comment


          #5
          so your timesheet is for three days?

          Yes I worked for three of the days of the week.

          I thought if a contract was in IR35 we were supposed to be treated as an employee?

          afraid not.

          Well I wont be doing any more contracts in IR35 then. What's the point.

          Comment


            #6
            Originally posted by Hagans88 View Post
            so your timesheet is for three days?

            Yes I worked for three of the days of the week.

            I thought if a contract was in IR35 we were supposed to be treated as an employee?

            afraid not.

            Well I wont be doing any more contracts in IR35 then. What's the point.
            that's your decision to make.
            a better understanding of what contracting entails might help you.

            Comment


              #7
              I've been contracting for years and have always had a notice period which was paid or worked. This is the only contract I have had this issue with.

              Comment


                #8
                Originally posted by Hagans88 View Post
                I've been contracting for years and have always had a notice period which was paid or worked. This is the only contract I have had this issue with.
                So you missed all the discussions over the years about why a notice period for a contractor was a complete myth? Perhaps read up on Mutuality of Obligation to understand why.
                Blog? What blog...?

                Comment


                  #9
                  All that understanding of the realities of notice periods aside, what is his recourse to getting the monies for the three days' worked?

                  Comment


                    #10
                    Originally posted by simes View Post
                    All that understanding of the realities of notice periods aside, what is his recourse to getting the monies for the three days' worked?
                    Very little without a signed timesheet regardless of what the law says.
                    merely at clientco for the entertainment

                    Comment

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