Old Contract / New Contract overlapping

[billybiro]

Why would you think its legal to have a notice period in which you serve and then don't work?

Probably because clients can invoke that same "notice period" and not have you work it?

[Old Greg]

What does the contract say about availability for delivering services (holidays etc.)?

You could advise the agency you won't be available to deliver services for the next four weeks and then give notice to terminate the contract. Not a great way to make friends but sometimes needs must.

[Old Greg]

Probably because clients can invoke that same "notice period" and not have you work it?

Much as it pains me to agree with you, many contractor / agency contracts are written so that the contract dates are a time period within which work may be offered and if it is offered, the contractor Ltd company may supply services, and if those services are supplied, they will be paid for.

[Old Greg]

The OP could also insist on their right to send a sub, and then negotiate to a position where the notice period is not worked.

[BritishLad88]

The OP could also insist on their right to send a sub, and then negotiate to a position where the notice period is not worked.

Indeed I could, especially for outside IR35 contracts. But as you may or may not know, not a lot of clients (in particular big investment banks, corporate enterprises etc...) allow subs due to the fact each contractor needs to be heaviliy vetted prior on taking the role (for security, compliance reasons). And those vetting takes a long time! Plus the client's system probably have tailored setup for that contractor to work...

So it's not as easy as just sending your mate to replace you for a day or two.

.. Even though my contract with the agency says I could!

[Snooky]

Indeed I could, especially for outside IR35 contracts. But as you may or may not know, not a lot of clients (in particular big investment banks, corporate enterprises etc...) allow subs due to the fact each contractor needs to be heaviliy vetted prior on taking the role (for security, compliance reasons). And those vetting takes a long time! Plus the client's system probably have tailored setup for that contractor to work...

So it's not as easy as just sending your mate to replace you for a day or two.

.. Even though my contract with the agency says I could!

I think what was meant was: you say you won't be available for the next 4 weeks so you'd like to provide a substitute as your contract allows; the client says no, you say oh well I'm sorry to hear that, unfortunately I won't be here. And you've done everything completely in line with the contract, you've offered the client the option to have continued cover etc. The fact they refused is not your problem.

This is assuming that (a) you have a fairly unfettered right of substitution in your contract and (b) they don't call your bluff and ask you to send the sub

[Old Greg]

Indeed I could, especially for outside IR35 contracts. But as you may or may not know, not a lot of clients (in particular big investment banks, corporate enterprises etc...) allow subs due to the fact each contractor needs to be heaviliy vetted prior on taking the role (for security, compliance reasons). And those vetting takes a long time! Plus the client's system probably have tailored setup for that contractor to work...

So it's not as easy as just sending your mate to replace you for a day or two.

.. Even though my contract with the agency says I could!

This is the point. Put the agent in a difficult contractual position by insisting on your company's right to send a sub, and then compromise by agreeing that you will leave without notice without sending a sub.

[sal]

My previous contract and my current one overlapped for 2 weeks. It was the tail end of the project with little more than a couple of hand over meetings/calls left to do. Hardly any need to be onsite, even then both were in Canary wharf.

Had a chat with the hiring managers in both ClientCos and they were both fine to run them in parallel as long as I can keep up with all the work.

Pulled some 10-12h work days, some hopping between the 2 offices, but ultimately both ClientCos were happy and I got to invoice double.

[Wobblyheed]

I was once finished on a Friday with no notice by client (but there was 4 week notice in the contract). The client agreed to pay me 3 weeks for the notice period and I started a new gig on the Monday. Boom.....3 weeks of double invoicing ...back of the net!