Notice Period

[northernladuk]

The agency is telling me that they are looking into the legal aspect of my being 'off sick' whilst on my notice period so that if I tell them I am unfit to work due to my family circumstances, there are no legal consequences. Ideally I would like to end the contract next Friday. The client has already imposed a week's leave after that.

Oh Jesus. Not the agencies as well lol. We could get in to the fundamentals that you are paid to do a days work. If you don't get work you don't get paid then end of. It's highly unprofessional an maybe a contractual problem doing this during notice periods but honestly, in this case it doesn't matter one iota.

I am absolutely certain nothing more will come of this than a bit of muttering from the client. If it does I have on good authority LondonManc will is willing to pay the difference.

Time to grow some stones I afraid. Decide what you are willing to do. Tell the agency, don't negotiate, tell them and then just do it. End of.

[PerfectStorm]

Are the people suggesting a substitute doing so with a straight face?

[SueEllen]

Are the people suggesting a substitute doing so with a straight face?

Yep.

Offer the substitute it's refused them it's a major breach of contract.

[northernladuk]

Yep.

Offer the substitute it's refused them it's a major breach of contract.

And? It takes a lot if time and effort to prove and action breaches so isn't going to help him here. It will also make IR35 a problem as it shows the clause was a sham. You have to give the client the option to rectify the breach which will take time.

The client says OK then. Get someone in, train them up at your cost and we will accept which the OP can't do and he's back to square one and potentially in breach himself.

[NotAllThere]

...The agency is telling me that they are looking into the legal aspect of my being 'off sick' whilst on my notice period so that if I tell them I am unfit to work due to my family circumstances, there are no legal consequences...

if the contract is frustrated due to conditions outside of your, the agency's or the client's control, then that's Force Majeure (you might want to read up on it). It could well be argued that the imminent loss of a love one could, psychologically, render you unfit to fulfil the contract. Or you could argue that the long commute when death is expected at any moment frustrated the contract.

I would use one of those reasons, not get into any discussion about it, and simply walk.

IMO, it is highly unlikely to go legal, and even if it did, the court would probably dismiss it as a bloody stupid argument over four weeks of work, in the face of something rather more significant.

[SlipTheJab]

I really don't understand clients like this, a contractor mate of mine is expecting his missus to go into labour any day now and he's a longish commute away, a quiet word with the delivery mgr and he's WFH for the duration, result is he's more productive as he's not fretting and checking his phone every 5 mins and the client gets a happier team member whose still delivering. It's called not being a total tulip I believe...

[Contreras]

Thanks to everyone who has responded with suggestions.
I have already handed in my notice. When I did that, I asked for flexibility and have been told the client will not be flexible. I've spent this week handing over my work to a couple of colleagues. I've got until the 6th January according to my contractual notice. I'm keeping my head down trying to get on with things. The agency is telling me that they are looking into the legal aspect of my being 'off sick' whilst on my notice period so that if I tell them I am unfit to work due to my family circumstances, there are no legal consequences. Ideally I would like to end the contract next Friday. The client has already imposed a week's leave after that.

Sorry to hear your news.

You are lucky the agency is being (or appears to be) supportive. But it is you that should be calling the shots.

Based on the facts as presented, IMHO, get a signed timesheet for the week just gone and WALK.

Ensure that the "colleagues" whom you do have a good relationship with have your contact details and be prepared to do some 'free' support by phone/email/text.

Let them know enough detail that you're not seen as the villain despite what their boss may say, and so informal channels are kept open despite what their boss may say. If they don't hate him already they will do, eventually.

[tarbera]

sorry to hear about your niece.

One chap on our team had a higher paying contract offer, the new agent advised him to tell existing client/agent he had a sick relative he was leaving to look after and could he go in 2 week rather than 4

Boss said no problem, he could go today. He was sick as a parrot for losing 4 weeks money (PES took 4 weeks rather than 2) the difference his new contract would not make up in a year

Well known tactic for jumping contract early

[SlipTheJab]

sorry to hear about your niece.

One chap on our team had a higher paying contract offer, the new agent advised him to tell existing client/agent he had a sick relative he was leaving to look after and could he go in 2 week rather than 4

Boss said no problem, he could go today. He was sick as a parrot for losing 4 weeks money (PES took 4 weeks rather than 2) the difference his new contract would not make up in a year

Well known tactic for jumping contract early

So well known that I've never heard of it before, any agent that told me to do that to get me to leave early and work for him would be told to shove it

[kaiser78]

So well known that I've never heard of it before, any agent that told me to do that to get me to leave early and work for him would be told to shove it

Doesn't necessary mean that it is not well known does it ?