Consequences of not seeing out notice

[northernladuk]

If the client is willing to renege on a contract mid-flight, does that not mitigate any further ask on their part?

But they aren't really reneging on the contract. It's still within the terms listed so doesn't mean the contractor can ignore the terms he feels he has a right to. That said negotiation is the way around everything in the contract.

Yes, am fully aware of the no work / no invoicing rule, but moving from five days to 1-2 days per week for the remaining six months is nothing like the signed contract.

If that's how much work there is then that's how it is. The contract is a T&M one paid per day regardless if it's 1,2 or 5 days. You aren't guaranteed work. That would be pretty bad for IR35 if it was the case.

But all that said there was an interesting discussion a while ago where a contractor said the contract states 5 days per week 9 to 5. I guess you could argue that they would provide that work but I'm not so sure about that and would give the contractor problems if they want a day off or something. By the same clause you can't you have to work 5 days. Very bad for IR35 as well.

Surely your notice period has to be adjusted to reflect the 1 - 2 days a week. I would have thought a week would be perfectly sufficient.

I don't see why. The 1-2 still adheres to the contract so don't see why it should be linked to the notice period. That would require a change to the contract T&C's and need re-signing. But as always negotiation is really the key, not second guessing contract terms.

[psychocandy]

I guess as NLUK says they "can" drop you to 1/2 days a week and expect you to work a months notice.

Seems a bit off considering though when they know that 1) They've massively cut your income to 1/2 days and 2) Its ending soon anyway.

Most clients would be decent about this, and, at least, compromise so that you don't lose the new gig.

[BoredBloke]

Sounds like they wanted a permie..... Your rate was set based on the volume of work you were expecting. To reduce this to 20% of that volume surely has to form some sort of breach. If they only want you for 1 or 2 days per week then tell them to renegotiate the original contract and in so doing renegotiate your notice.

[Old Greg]

But they aren't really reneging on the contract. It's still within the terms listed so doesn't mean the contractor can ignore the terms he feels he has a right to. That said negotiation is the way around everything in the contract.


If that's how much work there is then that's how it is. The contract is a T&M one paid per day regardless if it's 1,2 or 5 days. You aren't guaranteed work. That would be pretty bad for IR35 if it was the case.

But all that said there was an interesting discussion a while ago where a contractor said the contract states 5 days per week 9 to 5. I guess you could argue that they would provide that work but I'm not so sure about that and would give the contractor problems if they want a day off or something. By the same clause you can't you have to work 5 days. Very bad for IR35 as well.



I don't see why. The 1-2 still adheres to the contract so don't see why it should be linked to the notice period. That would require a change to the contract T&C's and need re-signing. But as always negotiation is really the key, not second guessing contract terms.

I guess as NLUK says they "can" drop you to 1/2 days a week and expect you to work a months notice.

Seems a bit off considering though when they know that 1) They've massively cut your income to 1/2 days and 2) Its ending soon anyway.

Most clients would be decent about this, and, at least, compromise so that you don't lose the new gig.

Get real. If the client can drop a contractor down to one day a week or one day a month, then the contractor can be unavailable on those days. The contract is then seen as a framework within which a client may or may not offer work and the contractor may or may not perform such work, and any such work that is performed will be paid for.

[b0redom]

Never thought I'd say this, but what OG said.

[Old Greg]

Never thought I'd say this, but what OG said.

I'm da man.

[skedaddle]

There’s been some development - although they’re still insisting I can’t go end of Feb, they’re saying I can leave the end of the following week. They want “more (handover) sessions” with me next week.
Just all feels like a very messy ending - haven’t had this before.

[Old Greg]

There’s been some development - although they’re still insisting I can’t go end of Feb, they’re saying I can leave the end of the following week. They want “more (handover) sessions” with me next week.
Just all feels like a very messy ending - haven’t had this before.

Make them an offer of some days that suit you and invite them to either accept it and waive the notice, or you'll work zero days in your notice period and they are welcome to go legal.

[simes]

There’s been some development - although they’re still insisting I can’t go end of Feb, they’re saying I can leave the end of the following week. They want “more (handover) sessions” with me next week.
Just all feels like a very messy ending - haven’t had this before.

Make a decision, let the new and the old client know this decision. And run with it.

Good luck.

[skedaddle]

Make them an offer of some days that suit you and invite them to either accept it and waive the notice, or you'll work zero days in your notice period and they are welcome to go legal.

Thanks yes, that is definitely the new plan! Let’s see what happens next....