Client Did Not Adhere to Contracted Notice Period Client Did Not Adhere to Contracted Notice Period
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  1. #1

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    Question Client Did Not Adhere to Contracted Notice Period

    Hi everyone

    Not sure if anyone has any advice?

    Working on a long term global project - contracted (I am a Ltd Co Director) in the UK.

    Contract states that 4 weeks notice is required by either party if terminating.

    Program is being paused for up to 6 months due to covid-19 and I (and the team) have been given 7 days notice.

    Has this happened to anyone else?

    Is there anything I can do about the lack of notice without shooting myself in the foot?

    Any advice greatly appreciated, thanks.

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    Your contract works on the basis that if they don't have work for you to do they don't need to pay you.

    You've been given 7 days notice make the most of it as a lot of people have been binned with no notice and no pay off.
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    Quote Originally Posted by HBee View Post
    Hi everyone

    Not sure if anyone has any advice?

    Working on a long term global project - contracted (I am a Ltd Co Director) in the UK.

    Contract states that 4 weeks notice is required by either party if terminating.

    Program is being paused for up to 6 months due to covid-19 and I (and the team) have been given 7 days notice.

    Has this happened to anyone else?

    Is there anything I can do about the lack of notice without shooting myself in the foot?

    Any advice greatly appreciated, thanks.
    Getting 7 days is more than some get. Others get walked the same day.

    If they say there's no funding for the next four weeks to pay you, would you still go in and work for free?

    These things happen, that's one of the reasons you're paid more.
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    Without shooting yourself in the foot ? Ermm, no.

    You are not being terminated, merely given a week's warning that you will have no work for a while (can't imagine why, perhaps there's been some kind of global emergency or something). Hence, your notice clause doesn't apply.

    Moreover, if you really want to be paid for doing nothing - which is what is implied by any kind of notice period in your contract, or by expecting three weeks pay for doing nothing as per your post - you really don't fully understand IR35. Or business risk, come to that.

    HTH
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    In your contract it will say you get paid upon receipt of a signed time sheet. You do work, it gets signed off you get paid.

    The contract can still run even if you are not doing work. You've got 7 days work left for which you can bill. You've got 13 days left you can't bill for. The notice is 4 weeks but you only get paid for 7 days.

    Pretty standard stuff. Clients often honour notice periods but, as per this situation, they don't have to pay you for the full duration.

    It's just contracting.
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    Thumbs up Thanks!

    Many thanks everyone for the rapid response.

    I understand these are unusual times (and I also understand IR35...).

    Really appreciate your advice.

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    Quote Originally Posted by northernladuk View Post
    In your contract it will say you get paid upon receipt of a signed time sheet. You do work, it gets signed off you get paid.

    The contract can still run even if you are not doing work. You've got 7 days work left for which you can bill. You've got 13 days left you can't bill for. The notice is 4 weeks but you only get paid for 7 days.

    Pretty standard stuff. Clients often honour notice periods but, as per this situation, they don't have to pay you for the full duration.

    It's just contracting.
    Many thanks for the advice, really appreciate it

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    Quote Originally Posted by eek View Post
    Your contract works on the basis that if they don't have work for you to do they don't need to pay you.

    You've been given 7 days notice make the most of it as a lot of people have been binned with no notice and no pay off.
    Many thanks eek!

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    Quote Originally Posted by malvolio View Post
    Without shooting yourself in the foot ? Ermm, no.

    You are not being terminated, merely given a week's warning that you will have no work for a while (can't imagine why, perhaps there's been some kind of global emergency or something). Hence, your notice clause doesn't apply.

    Moreover, if you really want to be paid for doing nothing - which is what is implied by any kind of notice period in your contract, or by expecting three weeks pay for doing nothing as per your post - you really don't fully understand IR35. Or business risk, come to that.

    HTH
    Cheers for the response

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    Quote Originally Posted by northernladuk View Post
    In your contract it will say you get paid upon receipt of a signed time sheet. You do work, it gets signed off you get paid.

    The contract can still run even if you are not doing work. You've got 7 days work left for which you can bill. You've got 13 days left you can't bill for. The notice is 4 weeks but you only get paid for 7 days.

    Pretty standard stuff. Clients often honour notice periods but, as per this situation, they don't have to pay you for the full duration.

    It's just contracting.
    Many thanks for the great response, really appreciate it

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