Timing of handing notice in mid-contract, with odd termination clause

**northernladuk** · 5 April 2012, 09:50

Originally posted by Neo View Post

I'm a month and a half into a 3-month contract and wish to give my 7-day notice to terminate it, and am just wondering how to go about this in my particular situation.

First of all, I wish my last day to be Friday 13th next week. Tomorrow is 7 days before that, but, as it's Good Friday (Bank Holiday) tomorrow, when should I hand in my notice - on the last working day before (today), on the first working day after (Tuesday next week) or on the day itself (tomorrow)? I will just send an e-mail to the agency who will likely only read it on a working day - does this matter, or is it when I send it?

I would say it is 7 working days. You can't hand your notice in on a bank holiday. Doesn't seem much more complicated than that. I would also try and give as much notice as possible to help the client so a few days early isn't going to kill you. I wouldn't bank on getting your last invoice paid though.

Also, my manager and his deputies are all off work at the moment and won't be in till Wednesday next week, so it makes informing my workplace difficult (hence why I'm having to hand my notice in to the agency).

This is irrelavant. It is your agency you hand notice to. It would be polite to give your manager heads up but it isn't contractual. You are not contracted to your line manager so he is not the person you should hand notice in to.

And the final issue I have is that my contract states "The Empoyment Business and contractor may terminate the Agreement and /or the specified services by giving the Contractor 7 day's written notice."

This seems curiously worded. Does it mean I may give myself notice to terminate? Does it mean I must agree to termination if the agency (the 'Employment Business') terminates the Agreement (due to use of the word 'and'). It just seems a poorly written clause. However, I know of another contractor where I work who resigned and several contractors who were sacked. So, I guess the odd wording in this case is academic.

Please no mouth-frothing

You may not be the only contractor in the chain, the agenct could be consided to be contracted to your client, you may be working through a third party who could also be considered a contractor etc etc.

Contractors do not get sacked.

Have you checked you actually have a notice period. That clause reads to me they have the ability to give YOU notice. Is there another clause somewhere that gives you the option to give notice to them? It isn't unheard of to have a no notice clause nowadays. Check your contract carefully.

Next time read your contract and understand it before signing it. It's too late to be questioning stuff now and also get a better understanding of how you work and key players in the chain.

**oscarose** · 5 April 2012, 09:52

Originally posted by Neo View Post

I'm a month and a half into a 3-month contract and wish to give my 7-day notice to terminate it, and am just wondering how to go about this in my particular situation.

First of all, I wish my last day to be Friday 13th next week. Tomorrow is 7 days before that, but, as it's Good Friday (Bank Holiday) tomorrow, when should I hand in my notice - on the last working day before (today), on the first working day after (Tuesday next week) or on the day itself (tomorrow)? I will just send an e-mail to the agency who will likely only read it on a working day - does this matter, or is it when I send it?

Also, my manager and his deputies are all off work at the moment and won't be in till Wednesday next week, so it makes informing my workplace difficult (hence why I'm having to hand my notice in to the agency).

And the final issue I have is that my contract states "The Empoyment Business and contractor may terminate the Agreement and /or the specified services by giving the Contractor 7 day's written notice."

This seems curiously worded. Does it mean I may give myself notice to terminate? Does it mean I must agree to termination if the agency (the 'Employment Business') terminates the Agreement (due to use of the word 'and'). It just seems a poorly written clause. However, I know of another contractor where I work who resigned and several contractors who were sacked. So, I guess the odd wording in this case is academic.

Please no mouth-frothing

Have a word with your agency.

**Scrag Meister** · 5 April 2012, 10:05

If they say 7 days I would expect it to be week days and NOT working days, mine is 28 days and that is 4 weeks if it was working days it would be 36-ish weekdays, Very odd amount.

Check your contract.

There is probably nothing to say that you can't give them 8 days notice and state that your last working day will be Friday 13th April. It is generally minimum required notice after all.

Personally I would cc my ClientCo manager to, out of politeness.

Email them today. IMHO

**Guest22** · 5 April 2012, 10:24

OK, thanks for all the great advice. As suggested, I've just spoken to the agency and was put through to the account manager for the client I work for. He was very clear on the fact that I may give 7 days' notice no problem at all. He asked why and where I am moving to, etc., but there was no adverse pressure for me to stay or anything like that. And I remember when I was being recruited for the contract there was no adverse pressure to take it - they were very understanding of my situation with regards to other job offers and seemed impartial in their advice. It's a very good agency as far as I can see compared to others I have dealt with or heard of. They're called Eurobase.

Anyway, he said I normally have to give exactly 7 days' notice (not working days), but I would have to give my notice today for my last day to be Friday 13th - consideration is given to the fact it's Bank Holiday tomorrow.

northernladuk - not sure why you said you wouldn't bank on my last invoice being paid, though. If I've worked the contract and complied with the terms including for termination, then they are contractually obliged to pay me - and they don't seem like a cowboy outfit whatsoever. Nevertheless, I asked if my final invoices should be submitted and would paid as normal and he was clear on the fact that they would be. And I know contractors do not technically get sacked, obviously. It doesn't take a genius to understand that it's a figure of speech/ shorthand for what I technically mean.

**northernladuk** · 5 April 2012, 10:34

Originally posted by Neo View Post

northernladuk - not sure why you said you wouldn't bank on my last invoice being paid, though. If I've worked the contract and complied with the terms including for termination, then they are contractually obliged to pay me - and they don't seem like a cowboy outfit whatsoever. Nevertheless, I asked if my final invoices should be submitted and would paid as normal and he was clear on the fact that they would be.

Indeed but we have seen in many situations that payment is nor forthcoming when giving notice. If it is as amicable as it seems then you are in a great situation and this won't apply. From the stories we hear on the boards very regularly I personally would be prepared for a fight and take prompt and correct payment as a bonus. Have a look at https://payontime.co.uk/. Forewarned is forearmed.

And I know contractors do not technically get sacked, obviously. It doesn't take a genius to understand that it's a figure of speech/ shorthand for what I technically mean.

Doesn't take a genius to use the correct term either. It is a very important distinction, it isn't even a figure of speech. With so much pressure for us to act as business and not permies it is important to understand the finer points. We also get many people on the boards that do not know the difference so will always get pointed out.

**jmo21** · 5 April 2012, 10:39

Sounds like everything is fine so far contractually, but expect the client to be annoyed when they hear and are back in the office.

Nothing they can do of course, but any goodwill you have may be affected. Whether you care is another matter

**psychocandy** · 5 April 2012, 14:34

Originally posted by Neo View Post

OK, thanks for all the great advice. As suggested, I've just spoken to the agency and was put through to the account manager for the client I work for. He was very clear on the fact that I may give 7 days' notice no problem at all. He asked why and where I am moving to, etc., but there was no adverse pressure for me to stay or anything like that. And I remember when I was being recruited for the contract there was no adverse pressure to take it - they were very understanding of my situation with regards to other job offers and seemed impartial in their advice. It's a very good agency as far as I can see compared to others I have dealt with or heard of. They're called Eurobase.

Anyway, he said I normally have to give exactly 7 days' notice (not working days), but I would have to give my notice today for my last day to be Friday 13th - consideration is given to the fact it's Bank Holiday tomorrow.

northernladuk - not sure why you said you wouldn't bank on my last invoice being paid, though. If I've worked the contract and complied with the terms including for termination, then they are contractually obliged to pay me - and they don't seem like a cowboy outfit whatsoever. Nevertheless, I asked if my final invoices should be submitted and would paid as normal and he was clear on the fact that they would be. And I know contractors do not technically get sacked, obviously. It doesn't take a genius to understand that it's a figure of speech/ shorthand for what I technically mean.

Hmm. Thats probably a first though - an agency not being upset that you've just cut off their income for the contract.

**oscarose** · 5 April 2012, 15:19

Originally posted by psychocandy View Post

Hmm. Thats probably a first though - an agency not being upset that you've just cut off their income for the contract.

They have probably already got someone else lined up.

**BolshieBastard** · 6 April 2012, 10:23

Stop fannying about trying to be like an employee and just inform the agent your co is terminating the contract. Contractors dont hand in their notice (unless working through a brollie).

IMO, contractors all too frequently act like employees when terminating. Notify them and tell that under MOO, you wont be in the day after you've notified them. If the agent comes back and says you have to work 7 days or whatever, point them in the direction of the MOO condition in the contract they issued (you do have a MOO clause, dont you?)

Timing of handing notice in mid-contract, with odd termination clause