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

[LucyRichards]

Hi All,

Just to provide a bit of background - I have been providing IT contractual services to a large multinational for the last 6 months. The contract I signed when I started was with the IT agency who found and placed me with the multinational. I invoice this IT agency weekly and they pay my limited company weekly - and it is this IT agency who has the contract for work with the large multinational.

Unfortunately - the multinational decided they didn't need my services anymore - however they requested that I work my 4 week notice period. I am now 2 weeks in to this notice period - however I have been offered another role with a new client who needs me to start this week or I cannot take the contract at all.

I therefore would like to terminate my contract with my existing client today and not work out the remainder of my notice. I realize this is "bad form" - however my logic is that in my opinion the handover work is done, they fired me and I need to look after my own interest and take any new contract I can get my hands on (especially in the downtime of December!).

I wanted to check with you the legality of this. I have read my contract and it has the following phrases I believe are relevant:


"Neither the client nor *agency name* is obliged to offer the Service Provider any work, and the Service Provider is not obliged to accept any work offered, a Services Proposal or to make its services available between Assignments. The parties accept that no mutuality of obligations exist or is implied by this agreement...... etc"

and

NOTICE PERIOD REQUIRED BY SERVICE PROVIDER : 28 Calendar Days

and

This agreement (or any particular assignment) may be terminated at any time without cause by either party upon the provision of 28 days written notice to the other party


I'll be honest I struggle with the language used in these contracts....but I think the situation is that I have to honor my contract for 28 days....however I can legally choose not to accept any work they want me to do during these 28 days (effectively leaving right away with no notice).

So on to my questions:

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

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....

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?

thanks for all your help you can provide

[eek]

All you can do is explain the situation to your current end client ( you may need to offer to finish some things out of hours).. Then with luck the end client will release you and all problems will be solved.

[MrMarkyMark]

All you can do is explain the situation to your current end client ( you may need to offer to finish some things out of hours).. Then with luck the end client will release you and all problems will be solved.

This +1.

[northernladuk]

I bet you would have been pissed if the client binned you two weeks in to your notice wouldnt you.

[LucyRichards]

Hi - I appreciate that this is frowned upon - but really all I am looking for is answers to my questions - which are about what the legal situation is not the ethical.


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?

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....

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?

[MrMarkyMark]

Hi - I appreciate that this is frowned upon - but really all I am looking for is answers to my questions - which are about what the legal situation is not the ethical.


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?

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....

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?

Snap!

Same here, what does the client say?

[LondonManc]

Another +1 for eek's answer here - potentially working longer hours for two weeks to secure the new deal isn't an issue when the main delivery has completed.

I bet you would have been pissed if the client binned you two weeks in to your notice wouldnt you.

Whoever serves notice first should be prepared for this - you no longer have need for the other party, so they have to do what's best for business. They're also happy to hand out furloughs and rate cuts, often without regard for the person. Obviously that comes at a reputational risk and I know several people who are wary of working for certain organisations again.

[eek]

Hi - I appreciate that this is frowned upon - but really all I am looking for is answers to my questions - which are about what the legal situation is not the ethical.


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?

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....

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?

1. You will have an annoyed client and you may be leaving the project in a bad situation - which is why I said you tell the client why you want to leave and negotiate over whatever is required to let you escape early.

2. the agency has sent the reference. Its done

3. Yes because you don't know what the agreement between the agency and the client is. Hence you try and get your current client to remove work from you rather than you refusing it. As for them suing you yes they could whether they will is utterly unknowable... Of course if your current client has no work for you and asks for you not to come in that argument disappears. Which is why I gave you my first answer...

[northernladuk]

Do what Eek says. I wouldn't be surprised if they will be glad to not have to pay the full notice and everyone is happy but to get in to your questions.

Unfortunately - the multinational decided they didn't need my services anymore - however they requested that I work my 4 week notice period. I am now 2 weeks in to this notice period - however I have been offered another role with a new client who needs me to start this week or I cannot take the contract at all.

I therefore would like to terminate my contract with my existing client today and not work out the remainder of my notice. I realize this is "bad form" - however my logic is that in my opinion the handover work is done, they fired me and I need to look after my own interest and take any new contract I can get my hands on (especially in the downtime of December!).

Well they have actually been decent enough to honour the notice period you both signed up for. So you just want to quit immediately? You've signed a contract agreeing to give each other a notice period..... so no you can't. They didn't fire you, they honoured the notice period. Would be nice if you did the same. We get so many posts on here moaning about clients dumping them, so this one honours the period and he get's dumped lol.

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

It's a good question but it's really tight. Some would argue this is breach as you are clearly manufacturing a situation to avoid the notice period. I guess this comes down to the detail of obligations. As a supplier you are obliged to carry out the work you agreed to for which the client is obliged to pay you. I forget the detailed argument to this and what is and isn't acceptable. I can't think legally using this to get out of a notice obligation will wash... Either way it's gonna piss your client and agent off royally. Lucky you are only paid weekly cause you are high not to see your last payments.

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....

I doubt they will have given you a positive reference. They might have confirmed the dates your worked. Anything above that is a bit daft. Yes, cancelling your notice period will indeed do that as it will put you in breach of contract and open to being sued. Not sure why you are bothered about what they are legally allowed to do as you are investigating bailing on your notice which you can't legally do. Why hold them to legalities if you don't want to be held to them?

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?

Yep, the agency is losing money and you've breached. They have a clear case to sue for losses. Likelihood of it happening? Dunno but you aren't going to see any money you haven't been paid without a fight.

You are right, what you are doing is very bad form and hopefully you'll remember this next time a client bins you with no notice but I am sure there will be plenty of posts from people saying 'Yeah F Em. Look after number 1' as well which is a fair argument... so it's your call.

[northernladuk]

Erm... You haven't asked a question about breaching contract on an open forum under your real name have you??