Contractor Notice period?

[EMA]

Good evening,

I really looking for some advice relating to notice periods that should be given.

I work at a City Bank as a limited company, through an employment agency, and was contracted to work from June 2015 until Dec 24th 2015. I have been approached by another company with a job offer that must begin by the 14th December. My contract has absolutely no entires relating to a termination notice period or resignation notice period. It merely states that my contract is 'Likely to end on 24th Dec 2015, but may be extended or a permenant role offered'.

I want to go forward with the new role at another city bank, if offered. But I have to start on the 14th Dec. Am I right in presuming that I can give 'reasonable notice' to my employer? It's only been a 6 month contract and I have only worked for this bank for this period. My payment cycle is weekly, after submitting hours worked to my agency. Would 1 month's notice suffice? Am I permitted to end a contract early with no 'notice period' mentioned in the contract? I assume that either party can cease the agreement at any time with 'reasonble' notice given....or am I missing something?

Any advice would be very much appreciated.

Many thanks & kind regards.

[northernladuk]

No notice period specified means no notice can be given. Barclays have this and it's becoming more common.
Time to start reading your contracts and understanding them before you sign them.

Oh and good luck in your career if you are going to breach contract with a bank to go with another one. It's a surprisingly small world.

[EMA]

No notice period specified means no notice can be given. Barclays have this and it's becoming more common.
Time to start reading your contracts and understanding them before you sign them.

Oh and good luck in your career if you are going to breach contract with a bank to go with another one. It's a surprisingly small world.

WOW! Thanks for the ever so friendly tone in which you delivered that news. You almost sounded as though you enjoyed it.

I DID read the contract in FULL - there is NO mention at all of periods to be given. Why should it be assumed that no notice period can be given if there is no mention at all of this expectation in writing?

[Underbase]

WOW! Thanks for the ever so friendly tone in which you delivered that news. You almost sounded as though you enjoyed it.

I DID read the contract in FULL - there is NO mention at all of periods to be given. Why should it be assumed that no notice period can be given if there is no mention at all of this expectation in writing?

Because its a B2B contract with no explicit break clause, so why would you assume you could break it? Be warned also that banks post offer want a bg check for the last 5 years min. This includes talking to the last responsible manager, who might not be happy if you have broken your contract.

[northernladuk]

I DID read the contract in FULL - there is NO mention at all of periods to be given. Why should it be assumed that no notice period can be given if there is no mention at all of this expectation in writing?

Because not finding one and assuming you can would be a little bit daft.

[EMA]

Because its a B2B contract with no explicit break clause, so why would you assume you could break it? Be warned also that banks post offer want a bg check for the last 5 years min. This includes talking to the last responsible manager, who might not be happy if you have broken your contract.

Thank you Underbase. Yes, I've been through the extensive BG checks before. As this is the first time this senario has occured and because there was absolutely no reference made to either party being able to give any notice period within within the contract (or explicitally not being able to give notice, like I expect it should have stated), it made sense to clarify this matter further.

Thanks again for the reasonable reply...'Mr Forum Personality of the year' was so very helpful, polite and constructive!

[SueEllen]

Just delay your new start date and explain to the other bank why.

[BolshieBastard]

Because not finding one and assuming you can would be a little bit daft.

Im surprised you didnt cane them for using the words 'my employer'!

[WordIsBond]

Just delay your new start date and explain to the other bank why.

This.

"I've given my word, and my contract finishes 24 December. That's eight business days after your project is scheduled to start. I can't leave my client in the lurch, just like I wouldn't do that to you once I'm in contract with you. So I'd like to take this, but I can't start until after Christmas.

As the project winds down, I'll ask if they could get by without me for the last eight days, and if they were agreeable I'd leave early and start here on the 14th. But if they need me to finish it out, I'll have to do that."

[NotAllThere]

Im surprised you didnt cane them for using the words 'my employer'!

Indeed.

You are not an employee of the client. The client is not your employer. Nor is your agency. It is a business to business contract not a contract of employment. This really is very basic contracting stuff, so it's not surprising that you're not greeted with the most cordial of responses. Also, questions about notice period are regularly asked - you could try searching.