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Should I get paid for a mandatory notice period?

Q. I am currently in a contract (through an agency) until the end January 2018. The original contract was signed in February of this year for 6 months, and an extension was signed in late July early August for another 6 months , taking it up to end of Jan 2018. The contract mentions that notice can be given by either party, with a 4 weeks notice and in writing. The client has a mandatory 3 weeks contractor leave from December 18th 2017 until 5th January. I have been served a 1 months notice as of 5th December.

My question is, 2 weeks of the notice given falls within the mandatory contractor leave, is the agency/client obliged to pay me for those 2 weeks?

A. We would not usually expect a contractor to be paid for periods of mandatory leave as the services are not being provided at this time, but it would depend on the wording of the contract as to whether they are obliged to pay you due to the notice given.

Unfortunately we would need to view the full contractual terms and clauses to which you refer, so we are unable to advise you as a careful review of the contract is outside the scope of this service.

However we would be happy to refer you to a solicitor who would be able to provide advice (although please note that such a service would be chargeable).

This answer is provided by Qdos Contractor.

By Contractor Doctor


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