Contract Termination

[ASB]

I have given them 30 days notice by email but I thought any changes to the original signed contract will make it void (In my case, change of work location)

It won't necessarily make it void, you would have to take appropriate actions to try and gain compensation. Sometimes though there are clauses which void a contract in the event of breach.

I personally think it is a significant material change. The location has changes such as there is 500 miles of extra travel (about 200 quid a week). Also travel time is likely to extend your effective working week by about 10 hours. In effect a 25% pay cut as well.

Obviously it is up to you how you deal with it. If you have alternatives explain that there is no way you would have accepted a contract on these revised terms but are prepared to negotiate.

When I've had this done to me I agreed that the extra travel and costs would be chargeable for the remaining duration of the original contract. But the clients need for me was very high.

[neel9821]

They can't force you to do anything. Grow some.

[neel9821]

It won't necessarily make it void, you would have to take appropriate actions to try and gain compensation. Sometimes though there are clauses which void a contract in the event of breach.

I personally think it is a significant material change. The location has changes such as there is 500 miles of extra travel (about 200 quid a week). Also travel time is likely to extend your effective working week by about 10 hours. In effect a 25% pay cut as well.

Obviously it is up to you how you deal with it. If you have alternatives explain that there is no way you would have accepted a contract on these revised terms but are prepared to negotiate.

When I've had this done to me I agreed that the extra travel and costs would be chargeable for the remaining duration of the original contract. But the clients need for me was very high.

I would prefer to get out of that contract ASAP

[louie]

I would prefer to get out of that contract ASAP

If they offering it as an extension just don't accept the new contract, you don't even need to give notice.

[neel9821]

If they offering it as an extension just don't accept the new contract, you don't even need to give notice.

The original contract was from 1st May to 15th Oct but now they have issued a revised contract from 10th Aug to 25th Feb and want me to sign the new one...

[ASB]

I would prefer to get out of that contract ASAP

In which case:-

1/ Give your notice which you already have done.
2/ Explain to them politely and simply in writing that you are only prepared to provide services at the original location as specified in the original contract. Explain that they are in breach of the contract
3/ Withdraw your services
4/ Wait for the likely threats and respond politely
5/ Issue proceeding in the local court claiming the entire gross value of the contract

Accept that, like any breach, it can get a bit messy. As was pointed out, find your cojones.

If you can only accept it happening in nice fluffy bunny mode then wimp out and capitulate.

Remember the contract is there so all parties know where they stand in the event of a dispute.

Of course this assumes that the system in Belgium is similar to that in the UK.

[louie]

The original contract was from 1st May to 15th Oct but now they have issued a revised contract from 10th Aug to 25th Feb and want me to sign the new one...

Can you say you don't want to sign it, bit will fullfil the old contract if need be at the orignal location, otherwise they have to let you go.

[neel9821]

In which case:-

1/ Give your notice which you already have done.
2/ Explain to them politely and simply in writing that you are only prepared to provide services at the original location as specified in the original contract. Explain that they are in breach of the contract
3/ Withdraw your services
4/ Wait for the likely threats and respond politely
5/ Issue proceeding in the local court claiming the entire gross value of the contract

Accept that, like any breach, it can get a bit messy. As was pointed out, find your cojones.

If you can only accept it happening in nice fluffy bunny mode then wimp out and capitulate.

Remember the contract is there so all parties know where they stand in the event of a dispute.

Of course this assumes that the system in Belgium is similar to that in the UK.

What are the legal issues this can throw? I understand that if the work location on the contract has chagned then they can't force me to go the new work location. And in the contract it is no where mentioned that there will be change in the work location and I was also not informed at the time of signing the contract. This came out last month....

[neel9821]

Can you say you don't want to sign it, bit will fullfil the old contract if need be at the orignal location, otherwise they have to let you go.

That’s the perfect solution. But don’t know if this can cause any legal issues.... When the guy from IT consulting firm phoned up, his tone was kind of threatening but I told him that he has two options,
1. To terminate my contract with immediate effect and 2. I will serve a notice

After that he said it needs time to decide

[ASB]

What are the legal issues this can throw? I understand that if the work location on the contract has chagned then they can't force me to go the new work location. And in the contract it is no where mentioned that there will be change in the work location and I was also not informed at the time of signing the contract. This came out last month....

Basically they will possibly try and argue that you are in breach of contract by failing to supply. I very much doubt they would get anywhere with this but anything is possible.

Either party could attempt to argue force majeure in defence of any breach proceedings from the other side.

What is force majeure? definition and meaning

In you case you have a pretty good argument for force majeure. In their case I think it is fairly weak since it doesn't seem to me that the location change was beyond their control.