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    Default Notice Period

    Hi
    Firstly apologies if this has been answered somewhere else.

    So I am currently working my notice period (1 week left).
    I am taking off the last 2 days as I have hosp appt.
    My hiring manager isn't too happy because he feels they haven't finished handover (I assure you, we have).
    I start a new contract next week.

    The hiring manager is saying that I am not fulfilling my 2 weeks notice and that I have to come back next week for 2 days and finish it off.
    As far as I know I dont.
    I am not expecting to be paid or anything for those last 2 days, unfortunately I cant get out of the appointments. I have said I am available on Skype/Email to answer any questions for the next week.

    My question...legally/contractually do I have to do those last 2 days. Can he hold me to them?

    Cheers
    W

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    Nope.

    You have proof you have the hospital appointments right?

    If you have a long term condition that has had or is expected to last 12 months, and he brings it up again mumble stuff about disabilities, discrimination and Equality Legislation.

    He should get the hint to shut up.

    If he doesn't go and find the "nice" HR people and tell them the manager isn't giving you a reasonable adjustment e.g. time off for medical appointments as per the law.
    Last edited by SueEllen; 1st August 2017 at 14:29.
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    Quote Originally Posted by SueEllen View Post

    If he doesn't go and find the "nice" HR people and tell them the manager isn't giving you a reasonable adjustment e.g. time off for medical appointments as per the law.
    Does that apply to B2B contracts? They aren't really giving us time off.
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    I think this is in the grey area.

    Usually notice periods are there for a reason, and in this case the client is looking for a two week handover period. A handover is not a one-way street, ie you give them what you think they need, it is a two way process where you and they agree that the necessary info has been imparted and understood. If the client does not agree that handover is complete, you can't just say that it has and walk.

    Looking at the hospital appointments, when did you first get them? If you have had them for a few weeks and only told them about them now, I think the client can justifiably feel aggrieved that you didn't start you two weeks' notice two days earlier if you knew you would have to leave after 8 working days and not see out the full period. It would seem unusual to have to take two days off for hospital appointments with no prior warning with these just happening to coincide with the end of the contract. Especially if you have a new contract from Monday. Playing devil's advocate, it looks suspicious.

    The question for you to consider is do you want to leave on good terms with the client in case you need a reference off them in the future that doesn't say "didn't see out the notice period and so left us in the lurch with an incomplete handover"!

    If there is a particular reason why you have to take the last two days off, this was unforseeable until just now, there is no way you can reschedule your hospital appointment and there is no way you can postpone starting your new role for a couple of days, then you need to try to come to an agreement with your client rather than just telling them that it's tough and imposing "your solution" of being available for emails or skype for a couple of days after you go. If handover really is complete but they do not think it is, try to find out why they disagree - sit down with them and ask what it is that they still think is outstanding and see if you can work out a schedule to fit this in. Then see if they can see the benefits of not having to pay you for two days of thumb twiddling. Worst case, if you have agreed with them that there is nothing let for you to do, it would make it very difficult for them to prove loss if they decided to sue you for not completing your notice period.

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    Negotiating to start 2 days later at your new gig is probably the easiest solution...? You don't have to tell them why.

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    Quote Originally Posted by northernladuk View Post
    Does that apply to B2B contracts? They aren't really giving us time off.
    Thing is no company will want it to go to court to test it as they won't want their name negatively associated with such a court case whether they win or lose. Yes it is a grey area as they are utilising a business, but the sole worker for that business is a contract worker who they have to make reasonable adjustments for under the law.

    I mean if you hire a plumber and they injure their leg after finishing 95% of your work. You can't demand that they come back especially as you won't have paid them for all the work.
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    Quote Originally Posted by SueEllen View Post
    Thing is no company will want it to go to court to test it as they won't want their name negatively associated with such a court case whether they win or lose. Yes it is a grey area as they are utilising a business, but the sole worker for that business is a contract worker who they have to make reasonable adjustments for under the law.
    Agreed if this is a disability case, but we don't know what the hospital appointment is for. If it is for (extreme case) some cosmetic surgery, I doubt it would damage the company reputation to say that someone didn't see out their notice period as they went for a nose job. But if they took off two days for a major op that had to happen on those days and they only just found out about it, different kettle of fish.

    Quote Originally Posted by SueEllen View Post
    I mean if you hire a plumber and they injure their leg after finishing 95% of your work. You can't demand that they come back especially as you won't have paid them for all the work.
    But if the plumber had left you with disconnected pipework and you could not use the bathroom and had to get someone else in to finish the work and they charged more, you would expect to be able to claim the difference off the original plumber. Although they do have monkey wrenches so I would be careful about how far you threaten them.

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    Quote Originally Posted by mike67 View Post
    Agreed if this is a disability case, but we don't know what the hospital appointment is for. If it is for (extreme case) some cosmetic surgery, I doubt it would damage the company reputation to say that someone didn't see out their notice period as they went for a nose job. But if they took off two days for a major op that had to happen on those days and they only just found out about it, different kettle of fish.
    To be honest with you I find it a bit weird to say "two day hospital appointment".

    Most people I know say hospital appointments. The plural indicates that have a serious condition.

    Other than that you say "operation". Even if you have day surgery you don't recover in one day.

    (Edit: the OP does both but first uses the singular.)

    Finally if the OP was as covert as his/her first post with their client, then I can understand why the manager is kicking up a stink. As if you tell people in graphical detail what's wrong and why you have the appointments they have a tendency to leave you alone.
    "You’re just a bad memory who doesn’t know when to go away" JR

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    Ask EXACTLY what you need to do in those last 2 days.
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    Quote Originally Posted by BrilloPad View Post
    Ask EXACTLY what you need to do in those last 2 days.
    Do handover!
    "You’re just a bad memory who doesn’t know when to go away" JR

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