Contract Notice Period

[alexpostiglione]

Hi Everyone,

I have been recently alarmed by my agency. My contract does not mention any notice period that I need to give to the agency, so recently I found a permenant job and gave my agency 2 weeks notice they turned around and said to me i have to fulfil 4 weeks otherwise I could be sued. When i told them my contract has no mention of a notice period that i need to give them they simply ignored this fact. Surely if my contract has no notice period on it then really me giving 2 weeks should be plenty?

Any help is appreciated.

thanks alex

[NotAllThere]

You're right. You can't be contractually held to a clause that's not in your contract. Are there any invoices outstanding? Are you opted in or out?

[diesel]

if the agent becomes pushy ask them to put their concerns in writing citing the specific clauses in your terms that state they need 4 weeks notice

[pmeswani]

Hi Everyone,

I have been recently alarmed by my agency. My contract does not mention any notice period that I need to give to the agency, so recently I found a permenant job and gave my agency 2 weeks notice they turned around and said to me i have to fulfil 4 weeks otherwise I could be sued. When i told them my contract has no mention of a notice period that i need to give them they simply ignored this fact. Surely if my contract has no notice period on it then really me giving 2 weeks should be plenty?

Any help is appreciated.

thanks alex

Well, it can be argued by the agency that as there is no notice period, you are required to work to the end of the contract. I don't know if that could hold up in court, but IMO, you should have negotiated a notice period before signing the contract, that way you would have removed any element of doubt as to what notice period you have to give.

Check your contract to see if your client can terminate your contract with immediate effect and citing that there is no work available. If that clause does not exist... well that's another story.

[Wanderer]

I found a permenant job and gave my agency 2 weeks notice they turned around and said to me i have to fulfil 4 weeks otherwise I could be sued.

What did the client say? They are the ones that matter not the agency.

[Old Greg]

Hi Everyone,

I have been recently alarmed by my agency. My contract does not mention any notice period that I need to give to the agency, so recently I found a permenant job and gave my agency 2 weeks notice they turned around and said to me i have to fulfil 4 weeks otherwise I could be sued. When i told them my contract has no mention of a notice period that i need to give them they simply ignored this fact. Surely if my contract has no notice period on it then really me giving 2 weeks should be plenty?

Any help is appreciated.

thanks alex

Give them 4 weeks notice and when they accept:

1. Book holiday for the last 2 weeks OR
2. Use your Right of Substitution (if in contract) for the last 2 weeks, whereupon they will terminate the contract OR
3. Phone in sick for the last 2 weeks.

Be nice to the client. Consider making yourself available after you leave to handle any handover queries. They're unlikely to take it up but will probably appreciate it.

[VectraMan]

Do you have the classic MOO clause: e.g. the client is under no obligation to offer you with work and the contractor is under no obligation to accept work that is offered?

In the absence of a clause saying you can terminate at any tme, I'd read no mention of notice period as meaning the contract lasts until the end date. You should have been clear about what you were signing.

I imagine the likely outcome will be the agent using this as an excuse to not pay your last couple of invoices, assuming that you'll not bother to sue.