Contract expired, being renewed but I have a new contract - notice clause

[DaveJFT]

So, what have you told the current client at the minute?
Have you mentioned that you've been offered a new role (and is it an offer or have you accepted already)?
How many draft contracts have YOU put to YOUR current client? It's you that should be putting the contract to them, not the other way around.

At the minute I haven't said anything to my current client but will be working to the 1 month notice as that was what was in my old contract and what would be in the new contract - it wasn't negotiable.

The new client was needing to confirm my notice period so that a start date for the new contract can be agreed. I've always had contracts drawn up by the agent or, with this job, the client.

Also slightly confused, you say that you get clients who ask you to come back direct and then you also say that this is the first time you have ever gone direct.

Just because I've had clients call it doesn't mean I've ever accepted. Clients have called to enquire whether I'd be interested and available to go back but the timing or terms have never been the right so, to date, I've always graciously declined.

Therein lies the detail - you aren't leaving a job with nothing to go to, and this has nothing to do with employment.

That's right, I'm not leaving a job with nothing to go to. Employment is defined as "the state of having paid work" - are we really going to be pedantic? I work to be paid money - even as a contractor.

It has been pretty uncomfortable when a client has terminated a contract without prior warning (yes, they've done it to me too) and with just a week's notice and I've not managed to find something for several weeks, and it's not something I intend to bring on myself.

Sounds like you've been incredibly lucky if you've managed to keep all your clients dangling until you complete the notice period and walk, so good luck to you though.

Not at all and no one's been left dangling, every prospective client or agent I've ever spoken to has asked what notice period I have with my incumbent client. Obviously, if the job would require me to start in a week and I'm on a month's notice talks go no further viz my point to WTFH above about not yet being in a position to accept an offer to return to a previous client.

Why do I feel I'm getting an inquisition here...? We strayed a bit OT.

Anyhow, thanks for your help folks.

[WTFH]

At the minute I haven't said anything to my current client but will be working to the 1 month notice as that was what was in my old contract and what would be in the new contract - it wasn't negotiable.

OK, well you need to tell the existing client for the 1 month notice period to come into effect

I've always had contracts drawn up by the agent or, with this job, the client.

When you work through an agent that is normal. They have a standard contract you sign up to. That contract is influenced/based on the contract they draw up with the client.
When you work direct with a client, you draw up the contract. You are the supplier so you dictate the terms under which you are prepared to supply the services to the client, including payment terms, value of contract, handling of expenses, equipment provided by the client, start and end dates.




It's not meant to be an inquisition, it's meant to be a learning experience where, hopefully, lessons are learned for the future.

[Mincepie]

Hi OP,

Some people always turn it into the Spanish inquisition or you're not doing something correctly type condescension However there are some great bits of advice i have taken from these boards but you must put up with pedants..

Always have something to go to if you're going to bail early i say. I wouldn't work without a signed contract as i would be worried about getting paid. I haven't left a contract early before and would only be tempted if they could offer something better than the current gig offers. I would be concerned about burning bridges etc as well.

I have been direct once and the contract they provided me took forever and they payment terms were poor. It was only my second contract and i didn't know what i was doing really back then. If i went direct again I would be sourcing my own contract and be firmer about things like payment terms etc.

In regards to your situation as you're currently on site without a signed contract you're in the realm of an implied contract so i believe this means your 1 month notice stands. If you want to go to the other gig give them a start date and see what they say. If they say yes hand in notice and hope the new contract doesn't vanish in the next 4 weeks.

[SueEllen]

Why do I feel I'm getting an inquisition here...? We strayed a bit OT.

1. We are trying to ensure you get the contract with your direct client. Hence trying to work out if you can get a shorter notice period.

2. This also involves arguing amongst ourselves but the crux of it is you shouldn't work without a signed contract as you can get badly burnt. It's happened to posters before and you really don't want to have to go all the way to the doorstep of a court room before a client agrees to pay up.

[northernladuk]

That's right, I'm not leaving a job with nothing to go to. Employment is defined as "the state of having paid work" - are we really going to be pedantic? I work to be paid money - even as a contractor.
.

Bearing in mind HMRC are trying to prove employment which would mean you losing a good chunk of your money sorted we are being that pedantic. You've got to do everything you can to prove you are not in the employment of your client sonic say it's pretty key to get the terminology right. More often than not people use the term employment incorrectly also get a number of other key points wrong as well. So we always point it out.