Termination Question

[anthony]

Hi guys,

A work colleague ( yes actually this time it really is ) handed in their notice last week. Seemingly today the client has given his "his notice" terminating his contract Friday.

The question is , can they give him notice if he already has given his notice?

[eek]

Sounds like tit for tat. I wouldn't worry about it but would ensure I have a suitable contacts for any references in the future..

[anthony]

Sounds like tit for tat. I wouldn't worry about it but would ensure I have a suitable contacts for any references in the future..

Yeah it does feel like tit for tat. References should be okay (famous last words).... Just wasn't sure if they could given notice as well. Sort of makes the notice period irrelevant.

[TheFaQQer]

can they give him notice if he already has given his notice?

Yes

[LondonManc]

Hi guys,

A work colleague ( yes actually this time it really is ) handed in their notice last week. Seemingly today the client has given his "his notice" terminating his contract Friday.

The question is , can they give him notice if he already has given his notice?

If he slacks off and acts unprofessionally they can bin him off immediately (most contracts have such a clause). So yes.

[jmo21]

If he slacks off and acts unprofessionally they can bin him off immediately (most contracts have such a clause). So yes.

In fact it's usually simpler than that.

In most typical contracts we work under, they can bin you for no reason whatsoever.

[LondonManc]

In fact it's usually simpler than that.

In most typical contracts we work under, they can bin you for no reason whatsoever.

Can they do that with the larger consultancies, don't just mean Accenture et al, but the local 50-ish employee set ups? Or are we accepted as easy targets?

[TheFaQQer]

Can they do that with the larger consultancies, don't just mean Accenture et al, but the local 50-ish employee set ups?

Yes, but they generally have a clause in the contract which allows them to charge for early termination.

More years back than I care to remember, I was working for a large consultancy on a project for a big bank. One week, the board decided to have a look at how well the project was doing, since the burn rate was somewhere in the region of £1million a month (probably higher, but it was at least that) and was going nowhere.

Friday morning - client terminated the contract. Consultancy charged 28 days for every person that they had on-site that day (regardless of whether they were going to be there for that length of time) - 56 of us. Client paid up, consultancy manager got his bonus because they got the money, and I missed my utilisation target for the quarter by 2 days because even though the company got paid, I couldn't put it down as billable time

If it's in the contract, then you enforce it; if it isn't then you are left to moaning about it on internet fora.

[LondonManc]

So it's up to contractors to get something similar in our contract?

I had a similar discussion with an agent asking me to work at an IB known for its rate cuts. Having suffered one there in the first couple of months of my previous engagement with them, I asked about a rate reduction clause. I haven't heard back since.

[TheFaQQer]

So it's up to contractors to get something similar in our contract?

Yes. The problem is that the balance of power lies with the other party who don't generally want something like this in the contract. It becomes even worse when you are working via an agency because they will want something in the higher contract between them and the client to cover themselves.

I had a similar discussion with an agent asking me to work at an IB known for its rate cuts. Having suffered one there in the first couple of months of my previous engagement with them, I asked about a rate reduction clause. I haven't heard back since.

Good luck - but don't be surprised when the only thing is a take it or leave it offer.