Not allowed to give notice

**northernladuk** · 19 July 2018, 14:19

Perfectly legal. Barclays had this awhile ago after being royally bummed by contractors they'd abused previously. People using them as a stop gap so they put in the unablitly to give notice.

One note however. They cannot withhold payment. They can sue you for breach of contract but as per the contract, you get paid for the work you do so are legally entitled to do it. In reality though, yes, you can kiss your last month's invoicing goodbye unless you fight very hard.

Your client/agent do not pay your wages. Your LTD pays you your wage. Just need to understand the difference now you are not a permie.

An unfortunate situation but a good lesson in reading your bleeding contract before signing it. It's kinda in the title 'Contractor'

**ladymuck** · 19 July 2018, 14:21

Did you get the contract reviewed by a legal professional before you signed?

There are some contracts that do not offer a termination clause to your company. If it was an issue, you should have raised it before you signed as you are now bound by it.

Essentially, what they are saying is that you cannot leave the contract before its end date without incurring a penalty - similar happens between big companies whereby services for a term are agreed and there's a penalty for an early exit.

Lesson learned: read the contract before you sign it and challenge/clarify any points you're not sure about with both the agency and a legal professional.

EDIT: By penalty, I don't mean you should have payments withheld. If the client has agreed your time, you should be paid for it. To not do that would be a breach of the payment terms.

**Nammy** · 19 July 2018, 14:34

Thanks folks,

I've been contracting for a number of years now, and it's the first time I've even considered breaking a contract. Is there a method they use to determine what the penalty fee would be?

Thanks again

Nammy

**northernladuk** · 19 July 2018, 14:42

Cost to find a replacement
Loss of billing while they find a replacement
Any penalties they incur from their client should the work be delayed because of your departure
Costs to on board new starter

Cant think what else.

But pulling your chain aside you should still be able to get out through negotiation. If you give them reasonable notice and it's in a lull they'll be pissed off but doubt they will sue you.

**northernladuk** · 19 July 2018, 14:44

You could just find a suitable substitute, train them up on your time and the you can leave and everyone is happy... Or did you not check to see if your contract has a sub clause?

**Nammy** · 19 July 2018, 14:47

I might just stick it out. It's not that I'm after more money, but that I'm looking to relocate to be closer to my partner (currently only seeing each other at weekends) and jobs in her neck of the woods don't come up very often, and lo and behold, a month after I take this role, a job comes up, initial 4 month contract with an option to go permie afterwards.

Ho hum,

Thanks again folks, much appreciated

**northernladuk** · 19 July 2018, 14:50

Contract to perm gigs... .. Yuk.

**BigDataPro** · 19 July 2018, 14:50

I had a similar thing when contracting with UBS through an Agency. The clause said "0 days notice period".

When I wanted to change that clause, I waited till EOD and informed the Agency that I will not be providing services from the next day.

Agency said I have to serve full contract period - pointing out zero days, I argued that I cannot because its zero days (i.e not 1 week, not 4 weeks but 0 days) :-). I offered to continue, only if the clause was amended to a specific time duration. Eventually they amended :-).

However I later learnt that it was the Agency that put such a clause not the client.

**northernladuk** · 19 July 2018, 14:51

Originally posted by BigDataPro View Post

I had a similar thing when contracting with UBS through an Agency. The clause said "0 days notice period". However I learnt that it was the Agency that put such a clause.

When I wanted to change that clause, I waited till EOD and informed the Agency that I will not be providing services from the next day.

Agency said I have to serve full contract period - pointing out zero days, I argued that I cannot because its zero days (i.e not 1 week, not 4 weeks but 0 days) :-). I offered to continue, only if the clause was amended to a specific time duration. Eventually they amended :-).

We've had quite a few threads confusing zero notice vs no notice periods. Badly worded contracts like yours in most cases.

Not allowed to give notice