Do I have to work my notice period as a contractor?

[uk contractor]

Leave now take the new role they are unlikely to enforce anything just tell them you have to leave see what they say if they are obstructive you can always suddenly call in sick for the 2 remaining weeks..... Loyalty works both ways but as they are binning you AFAIC there goes your loyalty to them no-one is ever going to thank you for working your 4 weeks notice are they!

Remember Nov-Jan are traditionally slow months to find new contracts so why risk being out of work for up to 2-3 months just out of loyalty to the agency/end client I doubt you will be working for either again as they usually put new roles out into the marketplace to see who is available anyway.

With regards to them taking you to court they may verbally threaten that but in reality they will usually never ever bother its all hot air I had that on my last contract when I did not want to work 7 days notice but here I am a few months later no-one has put their lawyers on me its all hot air once you are leaving you become "persona non grata"!!

Just leave now do not worry about anything although you may find they are awkward about any outstanding pay.

[Major Hassle]

Leave now take the new role they are unlikely to enforce anything just tell them you have to leave see what they say if they are obstructive you can always suddenly call in sick for the 2 remaining weeks..... Loyalty works both ways but as they are binning you AFAIC there goes your loyalty to them no-one is ever going to thank you for working your 4 weeks notice are they!

Remember Nov-Jan are traditionally slow months to find new contracts so why risk being out of work for up to 2-3 months just out of loyalty to the agency/end client I doubt you will be working for either again as they usually put new roles out into the marketplace to see who is available anyway.

With regards to them taking you to court they may verbally threaten that but in reality they will usually never ever bother its all hot air I had that on my last contract when I did not want to work 7 days notice but here I am a few months later no-one has put their lawyers on me its all hot air once you are leaving you become "persona non grata"!!

Just leave now do not worry about anything although you may find they are awkward about any outstanding pay.

This ^^^^ no brainier

[LucyRichards]

Hi Northerladuk

haha no ofcourse I have LucyRichards is an alias! and many thanks for all your help - your answers were the most detailed. I'm still not clear if I have to accept work on my notice period - but it sounds like the legal situation is not too clear cut either.... and personally - they are keeping me on notice because they think they need me - not because of loyalty. If they didnt think they needed me they would have cut short my "notice" like they did with other contractors I work with. For me the contracting business is always about looking after your own interests first - as the client will always do this too.

Also I am not clear on whether my current agency can turn around and send an email to my new agency out of spite to bad mouth me? are there legal protections against this?

Many thanks,
Emma Davidson

[northernladuk]

can always suddenly call in sick for the 2 remaining weeks.....

Why do people keep trotting this BS line out? Whats the point? You think that makes any difference besides making you lool like a lying pillock?

Loyalty works both ways but as they are binning you AFAIC there goes your loyalty to them no-one is ever going to thank you for working your 4 weeks notice are they!

Possibly true but they are honouring the notice period, nothing wrong with you extending the professional courtesy and doing the same. I see what you are saying but in general i think thats a pretty poor way of thinking. This case is slightly different to be fair

The rest is a fair opinion and probably quite viable if that's your outook.

[LondonManc]

Hi Northerladuk

haha no ofcourse I have LucyRichards is an alias! and many thanks for all your help - your answers were the most detailed. I'm still not clear if I have to accept work on my notice period - but it sounds like the legal situation is not too clear cut either.... and personally - they are keeping me on notice because they think they need me - not because of loyalty. If they didnt think they needed me they would have cut short my "notice" like they did with other contractors I work with. For me the contracting business is always about looking after your own interests first - as the client will always do this too.

Also I am not clear on whether my current agency can turn around and send an email to my new agency out of spite to bad mouth me? are there legal protections against this?

Many thanks,
Emma Davidson

Another alias?

Look for a phrase in your contract about mutuality of obligation.

As for your current agency bad-mouthing you, simply ring the new agency to pre-empt their call. If the new agency knows you're on your notice period and wriggling out to get their gig, they won't give a stuff about the old agency ringing up and questioning your parentage

[northernladuk]

I'm still not clear if I have to accept work on my notice period - but it sounds like the legal situation is not too clear cut either.... and personally - they are keeping me on notice because they think they need me - not because of loyalty. If they didnt think they needed me they would have cut short my "notice" like they did with other contractors I work with.

Well that puts a slightly different spin on it. Some clients don't understand contractors and notice and will honour it even if there is nothing to do but it only takes a couple of contractors breaching before they wake up and smell the coffee and start playing the same game. Chicken and egg I guess.

For me the contracting business is always about looking after your own interests first - as the client will always do this too.

Indeed but breaching contract Isn't common. Although the notice situation is weighed in their favour to be fair.

Also I am not clear on whether my current agency can turn around and send an email to my new agency out of spite to bad mouth me? are there legal protections against this?

Yeah you an sue them if they give false or misleading feedback. No way will they do this. They've nothing to gain and all to lose. Don't worry about that.

Many thanks,
Emma Davidson

Erm?? LOL...

You've had a great suggestion from Eek, bit of thinking material from me and some realistic opinions from a couple of others. Marry all that up with how much you might lose (not a lot) if the agency sue you (highly unlikely) and I think you've got your answer

[Major Hassle]

Why do people keep trotting this BS line out? Whats the point? You think that makes any difference besides making you lool like a lying Pillock

The rest is a fair opinion and probably quite viable if that's your outook.

Don't lie, tell it as it is - identify priorities and effect a decent handover. They wouldn't hesitate for a second to cut you loose.

[missinggreenfields]

1. Please can you confirm if I am correct that I don't have to legally accept any more work from the client during my notice? if not - what is the situation?

Does the contract define what "Assignment" means? "the Service Provider is not obliged to accept any work offered, a Services Proposal or to make its services available between Assignments" - so are you between Assignments or are you within an Assignment? If you are between Assignments then the clause gives you carte blanche to reject the work offered; if you aren't between Assignments then that clause does not - but there may be others that do.

2. The IT agency have provided a positive reference already for me for my new contract role. However, I am concerned that canceling my notice period early will leave a bad atmosphere between myself and the agency. I am worried they will do something such as email the new agency I am working through and tell them not to hire me etc. Can you tell me if they are legally allowed to do this - or if there are protections against this? They already have the new agencies contact details through the referencing process unfortunately....

There is no protection against the agency telling the truth. If you breach your contract and disappear early, then I can see why someone might feel that your new agency / client should be aware of the fact, particularly if they have given you a good reference so far. Because if you do the same in the future and the new client finds out you did the same in the past, then there may well be certain questions asked about why the current agency did not share that information when they gave you the glowing reference.

If the agency lies about you, then you would need to look at the slander and / or libel laws to see what action you can take.

3. Do you think the IT agency/ multinational can sue me as a result of me not finishing my notice? What is the likelihood of this happening?

Yes. Slim.

[NotAllThere]

Another alias?

Quite probably.

[kaiser78]

Many thanks,
Emma Davidson

Come one - which one are you https://uk.linkedin.com/pub/dir/Emma/Davidson ??