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

**SimonMac** · 2 June 2016, 11:15

Originally posted by DaveJFT View Post

Hi folks,

Several weeks ago my old contract expired and I've been continuing to work for my client while in negotiation regarding it's renewal. The client confirmed their intention to retain my services via email and to continue under the terms of my old contract until the new contract is is in place. However, through the discussions the terms are not looking favourable so I've secured a new contract and my new client is asking when I will be free to join them. My old contract had a 1 month notice period which is being carried forward to the new contract but, apart from the email, I am essentially out of contract. Should I consider that the 1 month notice clause still applies?

Many thanks.

If you have been paid under the old terms, its fair to say that all he previous terms would still apply, however it would be very difficult for it to be enforced (same as if they didn't pay you) due to the lack of a physical contract, but oral contracts are enforceable.

Make your agent and client aware that you will not be continuing negotiations, suggest a handover of a week and you will be off site pretty quickly.

**malvolio** · 2 June 2016, 11:42

There is a contract. By them offering to extend the old one and by you taking on work on that basis and being paid for it (I assume!) the old contract has been continued with no change of terms. Contracts don't have to be written down to be enforceable, which is why we always tell people not to start until they are.

You do however have reasonable grounds for a negotiation on termination, if that's what you want to do.

**ASB** · 2 June 2016, 11:43

Originally posted by DaveJFT View Post

Hi folks,

Several weeks ago my old contract expired and I've been continuing to work for my client while in negotiation regarding it's renewal. The client confirmed their intention to retain my services via email and to continue under the terms of my old contract until the new contract is is in place. However, through the discussions the terms are not looking favourable so I've secured a new contract and my new client is asking when I will be free to join them. My old contract had a 1 month notice period which is being carried forward to the new contract but, apart from the email, I am essentially out of contract. Should I consider that the 1 month notice clause still applies?

Many thanks.

Yes. There was an offer to continue interim under the old terms. You have clearly accepted this by doing just that.

**dx4100** · 2 June 2016, 11:57

I would agree with everyone above. Contract is still in place and you probably need to give notice. Do things right and they might let you go earlier and keep things sweet for the future.

**northernladuk** · 2 June 2016, 12:18

Don't work without a contract again. It's just ridiculous and there is no need. People have said on here it invalidates your insurance or something as well. Just before your contract ends tell them you will be leaving site and will be back when you have a contract. It will focus the client because they need work doing and the agent as it's their commission that's stopping as well.

**SueEllen** · 2 June 2016, 13:37

Originally posted by northernladuk View Post

Don't work without a contract again. It's just ridiculous and there is no need. People have said on here it invalidates your insurance or something as well. Just before your contract ends tell them you will be leaving site and will be back when you have a contract. It will focus the client because they need work doing and the agent as it's their commission that's stopping as well.

He has got a contract it's just not written down properly. A verbal or even email agreement is a contract in law.

The reason to have a proper contract is to avoid situations like this where you don't know how much notice to give.

**DaveJFT** · 2 June 2016, 14:27

Hi folks,

Thanks for your replies. I'll be telling my new client it's still 1 month then and it won't burn bridges with my current client either then too. As far as they were concerned the 1 month was never going be negotiable even if they'd pulled their fingers out and got the new contract sorted before old one lapsed anyway so I'm not in any worse a situation.

**SueEllen** · 2 June 2016, 14:52

Originally posted by DaveJFT View Post

Hi folks,

Thanks for your replies. I'll be telling my new client it's still 1 month then and it won't burn bridges with my current client either then too. As far as they were concerned the 1 month was never going be negotiable even if they'd pulled their fingers out and got the new contract sorted before old one lapsed anyway so I'm not in any worse a situation.

Nope.

Talk to your current client and find out how much notice they want you to give.

Then and only then talk to the prospective one.

**DaveJFT** · 2 June 2016, 14:59

I know what the answer will be because they wouldn't negotiate on it in the first place

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