Client fabricated agreement to reduce notice, agency not honouring contract

[tractor]

...

Exactly. I'd be interested to hear from an expert whether a client has any legal comeback if MyCo gives 1 month's notice as per contract and then advises that I will be unavailable for the last three weeks.

I wonder this every time a contentious question comes up where there are several camps with opposing viewpoints and where most of the posters (no doubt including me) have no personal experience of a situation arising.

The simple answer is to look up any relevant case law, understand it, then quote it supporting your view Any opinion outside of that is probably just opinionated conjecture!

What a chore though esp with so many sockies around.

So to further that approach look up

Fundamental Breach "A fundamental breach of a contract, sometimes known as a repudiatory breach, is a breach so fundamental that it permits the distressed party to terminate performance of the contract, in addition to entitling that party to sue for damages."

and possible 'Unjust Enrichment'.

Not saying either apply in this instance and if there is a No MoO clause in the contract in question, there probably can be no fundamental breach.

[sal]

Exactly. I'd be interested to hear from an expert whether a client has any legal comeback if MyCo gives 1 month's notice as per contract and then advises that I will be unavailable for the last three weeks.

+1 And i guess in this case you can offer them a Sub for the last three weeks, which they will probably decline, but you would have not breached your contract. The middle management cant be bothered bringing this to the top management which can't be bothered suing your pathetic little peanut of a company for couple of thousand pounds. They will fume about it and you will probably not get much of a reference from them or the agent, but i can't see legal actions taking place

[northernladuk]

Nice little piece on notice periods here which echo's most of the stuff said about them. Doesn't go in to the realms of giving notice and buggering off but still an interesting little piece non the less.

Leave Notice Periods for the permies

[SueEllen]

I wonder this every time a contentious question comes up where there are several camps with opposing viewpoints and where most of the posters (no doubt including me) have no personal experience of a situation arising.

Or get your contract checked out by a lawyer before you sign it and ask random questions like this then.

So when you do get a client who attempts to pull a fast one you have some idea of where you stand.

[TheFaQQer]

Nice little piece on notice periods here which echo's most of the stuff said about them. Doesn't go in to the realms of giving notice and buggering off but still an interesting little piece non the less.

Leave Notice Periods for the permies

echoes
nonetheless