2 week notice denied

[Too Late]

Hi

I contract direct with a company which has been great for a couple of years. This changed when invoices started to not be paid on time and the opening of an office dedicated to sourcing and placing professions like myself at a cheaper rate in another location. Another issue was my contract renewal was 4 weeks late in April, meaning i was working at the company without the proper insurance for 4 weeks, i could have easily moved roles and they could have easily said, seeya...

With this new office, other contractors in my office have since moved to new contracts with a 2 week notice rather than 4 arranged with their manager.

My role was being moved into a "temporary" role to see out my contract which ends late October with a clear indication it wasnt being extended. With this is mind, i was a bit proactive and got a role on the circumstance that i could join in 2 weeks. Manager said it shouldnt be an issue, my work was winding down for this role transition.

Well the inevitable happened. My manager is now pushing very hard for a 4 week notice period and the new role wont take me on unless i can start in 2 weeks. what are the legalities of moving on in 2 weeks rather than 4. My contract states that the company can only chase monies which are owed to them. It also complicates the issue of if/when they will pay the invoice for this month

ta

Edited by Too Late on Tuesday 9th August 19:05

[Flooble]

Are you contracted as a sole trader or as a limited company?

[Too Late]

Limited company.

Thanks

[Flooble]

In that case I'd have a good read of the contract - if you are not IR35 caught I would expect there is a substitution clause in there.

So, push comes to shove you can invoke that and send in someone else for the final two weeks.

Now, that person might be no good, in which case your current customer might send them home and demand someone else - but that's all they can do, they can't demand you.

Provided there's that substitution clause in there.

I'd also be surprised if there is no provision for your company (not you) to be unable to provide a service on given days - there would have to be something to allow for dentist/doctor/holiday/whatever. When you operate through a limited it is not a case of asking for holiday, it's a case of advising the client when you are not available.

[Too Late]

Flooble. What a fantastic reply. There is a substitution clause.

Being at this company for the time I have been does keen it's grey on the ir35 and I would probably fall into that. That is another reason for the move.

[Too Late]

Thanks again Flooble

[Jasandjules]

As above, you are not available to provide your services after 14 days...............

[Too Late]

thanks both.
Where do i stand with them paying me for the weeks leading up to me leaving?

I will be owed 3 weeks worth of work in August. Are the bound by law to pay me?

thanks

[bigandclever]

Notice periods are for permies.

[marcosgt]

Too Late said:

thanks both.
Where do i stand with them paying me for the weeks leading up to me leaving?

I will be owed 3 weeks worth of work in August. Are the bound by law to pay me?

thanks

As long as you've not broken the contract.

If they don't pay you for work under the terms of the contract, they're in breach of contract, but you may find you need to sue them for the money!

Years ago I shared an office with our Accounts Receivable lady and I was stunned at the number of people who we ended up pursuing through the courts who ended up paying us, our solicitors and interest rather than just paying for the good they'd bought.

I guess some companies' cash flow is happier paying more later...

M.