notice period

[neiltingley]

My client is trying to enforce 4 weeks notice on my contract. Where do I stand if I want to leave before that ?

[TheCyclingProgrammer]

My client is trying to enforce 4 weeks notice on my contract. Where do I stand if I want to leave before that ?

In breach of contract?

[northernladuk]

Plenty of posts on notice period if you go to google and type in

notice period site:forums.contractoruk.com

They will explain your situation to you and how to handle it.

But TCP is correct. You signed a contract stating the notice period so to just leave without fulfilling the obligation will put you in breach. Negotiate the period down if you aren't willing to honour it in future gigs.

[neiltingley]

Plenty of posts on notice period if you go to google and type in

notice period site:forums.contractoruk.com

They will explain your situation to you and how to handle it.

But TCP is correct. You signed a contract stating the notice period so to just leave without fulfilling the obligation will put you in breach. Negotiate the period down if you aren't willing to honour it in future gigs.

Thanks NC. I did just that before reading your post. Google is our friend.

This thread answers my Q's: http://forums.contractoruk.com/accou...egalities.html

Thanks!

[northernladuk]

What that thread doesn't cover is the problems you are likely to run in to trying to get your last invoice paid though

[BrilloPad]

What that thread doesn't cover is the problems you are likely to run in to trying to get your last invoice paid though

Isn't that to do with Opt-In, Opt-Out or Opt-Shake-It-All-About?

[northernladuk]

Isn't that to do with Opt-In, Opt-Out or Opt-Shake-It-All-About?

No not really. Well not what I was thinking. I am talking about the last month you worked, got a signed timesheet and the client paid the agency. The agency then refuses to pay the contractor as he's in breach and they want to keep it to cover their loses. We've seen it in a number of threads.

[BrilloPad]

No not really. Well not what I was thinking. I am talking about the last month you worked, got a signed timesheet and the client paid the agency. The agency then refuses to pay the contractor as he's in breach and they want to keep it to cover their loses. We've seen it in a number of threads.

Ahhhhh

Presumably though, provided notice is allowed between contractor and agency, the agency does not have a valid case? Though getting the money out of them might prove difficult?

[northernladuk]

Ahhhhh

Presumably though, provided notice is allowed between contractor and agency, the agency does not have a valid case? Though getting the money out of them might prove difficult?

I read it that the OP wants to leave earlier than the agreed date in his notice so it's pretty black and white he's in breach. He can, of course, negotiate his way out in which case everyone is happy.

If they won't and he leaves anyway then the agent is quite within his rights to sue him but he can't keep his money. They should pay him what he's owed as per the agreement and then sue him later. The agent can only sue him for what they lost and seems it's not happened to anyone on here yet, we don't know how much that is. I think in one post we guessed a couple of hundred quid for a week or so lost commission, cost of putting it on jobserve et al and some time to find someone else. I think Andy Hallett said they had successfully sued a number of people, well not maybe gone as far as court but got their money back.

Just becomes a bun fight which is best avoided.

[northernladuk]

Hope that isn't the OP's real name thinking about it.