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Gave in notice. Client wants me to leave one week early

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    Gave in notice. Client wants me to leave one week early

    Hi Guys,

    Some advice appreciated, I work for a large IT resourcing company and am destined to work for a particular client. My notice period in my contract says 20 business days and 20 days knowledge transfer.
    I only joined mid January, so in my view there is no knowledge to transfer (which is the truth).

    So I gave just 20 days notice, last day supposed to be next Friday. Got an email today to say that the client want's my last day to be tomorrow, so ending a week early.
    Where do I stand with this legally? I believe I should be entitled to be paid for 20 days notice, irrespective if they want to terminate early.

    I did ask the account manager for the IT company I am contracting with, and he said that I have broken the contract anyway by not giving the additional 20 days knowledge transfer (which I view as invalid / unreasonable due to no knowledge to transfer), and that he recommends I do what the client wants.

    Have I got a foot to stand on? And is it worth trying to pursue this in the courts? I am moving abroad shortly so ideally need the money.

    Want to understand if I have a case, and if people think it's worth the money and possible reputation damage to pursue this? I work in banking and always have so a somewhat small sector.

    Thanks

    #2
    Nope.

    There are many threads regarding termination, search!

    Move on and be happy you’ve only lost one week billing.

    Comment


      #3
      Lucky you got 15 of the 20 days. It's not up to you to decide the 20 day knowledge transfer doesn't apply. It's their right when you terminated, you can't say, "I've terminated and I've decided that one of your contractual rights when I terminate isn't applicable." If you'd asked them they might have waived it.

      You may have already given your reputation a big hit. Take your lumps and go away and hope you get another chance somewhere, and don't pull a move like that again.

      Comment


        #4
        Nothing you can do. It is called (lack of) mutuality of obligation. You should be happy that one of the three pillars of IR35 is lacking for that job which will be handy when Hector calls.
        Public Service Posting by the BBC - Bloggs Bulls**t Corp.
        Officially CUK certified - Thick as f**k.

        Comment


          #5
          Originally posted by kazuma View Post
          Hi Guys,
          (which I view as invalid / unreasonable due to no knowledge to transfer),
          Right.

          Good luck.

          Comment


            #6
            Due to MOO contract notice periods are almost legally unenforceable. Though many clients will pay up anyway.

            If they don't pay up, you have no legal leg to stand on.

            Even if you did, how much is a week's money? £5k will go quickly on legal fees. Then there is your time, effort, stress.

            Be thankfully for the 3 weeks.

            Comment


              #7
              You're cherry picking here, aren't you? You like the 20 days notice but reject the 20 days knowledge transfer because you brand it as "invalid / unreasonable" without explaining why you're entitled to make that judgement. I doubt there was any mention in the contract that the knowledge transfer period depended on the contractor's assessment of how much knowledge is to be transferred and how long it should take.

              You also seemed to have left rather quickly which is likely (we don't know the circumstances) to have undermined your case for having treated the customer reasonably.
              "Don't part with your illusions; when they are gone you may still exist, but you have ceased to live" Mark Twain

              Comment


                #8
                Well thanks for the advice, seems the consensus is clear which is I don't really have much to stand on and not worth the hassle anyway. Appreciated the quick responses - I just felt it was a small minded move from the client (especially wasn't told in person / they have worked from home since announcing the news).

                Reason I am leaving so quickly as I have been given a dream opportunity abroad in a permanent role, so not something I can turn down.
                Last edited by kazuma; 11 May 2018, 05:42.

                Comment


                  #9
                  Originally posted by BR14 View Post
                  Right.

                  Good luck.
                  haha. Exactly. WTF has he been doing for 4 months then?
                  See You Next Tuesday

                  Comment


                    #10
                    Originally posted by kazuma View Post
                    Some advice appreciated, I work for a large IT resourcing company and am destined to work for a particular client. My notice period in my contract says 20 business days and 20 days knowledge transfer.
                    I only joined mid January, so in my view there is no knowledge to transfer (which is the truth).
                    Are you contracted to the IT resourcing company or do you work for them? If you work for them then you should be paid the notice period as your right as an employee. If you don't work for them then you're going to be out of luck.

                    Comment

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