Am I bound to a notice period if I'm still in my first month.....

[expatabroad]

Hi,

I've been contracting for just under 5 years now, mainly in longer term contracts.

i recently started a contract with a new company (via a recruitment agency) through my limited company. The contract states that 1 months notice should be given either side.

However - a couple of things to note:

1) I have handed in my notice within the first month, due largely to being sold on a job that was not what I expected

2) I actually started on the client site before I had actually signed the contract stipulating one months notice be given (the agent was going to come to the client site and completewith me + HR) - however this has not happened to date

After I have given notice to leave, the end client is insisting that I work a full months notice (even though I had only worked 3 weeks at the point of handing in my notice)

So really what I want to know is:
a) can I be forced to work 1 months notice after having only been there less than a month (ie is it reasonable, given that the job was not 'as described - and acknowledged by both the agency and end client)

b) is this notice period enforceable given that I haven't signed the formal contract

Any help would be really appreciated.

Thanks

[malvolio]

Hi,

I've been contracting for just under 5 years now, mainly in longer term contracts.

i recently started a contract with a new company (via a recruitment agency) through my limited company. The contract states that 1 months notice should be given either side.

However - a couple of things to note:

1) I have handed in my notice within the first month, due largely to being sold on a job that was not what I expected

2) I actually started on the client site before I had actually signed the contract stipulating one months notice be given (the agent was going to come to the client site and completewith me + HR) - however this has not happened to date

After I have given notice to leave, the end client is insisting that I work a full months notice (even though I had only worked 3 weeks at the point of handing in my notice)

So really what I want to know is:
a) can I be forced to work 1 months notice after having only been there less than a month (ie is it reasonable, given that the job was not 'as described - and acknowledged by both the agency and end client)

b) is this notice period enforceable given that I haven't signed the formal contract

Any help would be really appreciated.

Thanks

By starting work you accepted whatever terms were on the table at the time, including the nature of the work. It doesn't matter that you haven't signed anything. So yes, you are bound by the terms of the contract.

[northernladuk]

b) is this notice period enforceable given that I haven't signed the formal contract

Would be happy if they informed you that they will not be paying you because you didn't sign a contract? Would you buggery...

Whatever happens on this gig take a lesson away that you never start on site without a signed contract. You may get away with a couple of times but one day it will bite you hard. Don't do it again. A contract is there to protect both you and the agent.

[expatabroad]

By starting work you accepted whatever terms were on the table at the time, including the nature of the work. It doesn't matter that you haven't signed anything. So yes, you are bound by the terms of the contract.

thanks for the response.......am I able to take a holiday then if I work 2-3 weeks notice and have a holiday for the remainder?

[expatabroad]

Would be happy if they informed you that they will not be paying you because you didn't sign a contract? Would you buggery...

Whatever happens on this gig take a lesson away that you never start on site without a signed contract. You may get away with a couple of times but one day it will bite you hard. Don't do it again. A contract is there to protect both you and the agent.

point taken.

[NorthWestPerm2Contr]

Would be happy if they informed you that they will not be paying you because you didn't sign a contract? Would you buggery...

Whatever happens on this gig take a lesson away that you never start on site without a signed contract. You may get away with a couple of times but one day it will bite you hard. Don't do it again. A contract is there to protect both you and the agent.

Is it possible that some of your responses are fully automated by some relatively sophisticated AI?

[malvolio]

thanks for the response.......am I able to take a holiday then if I work 2-3 weeks notice and have a holiday for the remainder?

Dunno, ask your client. But holiday entitlement (not that contractors have holidays of course) is aligned to time served, so probably not.

Your client's problem is that they have work to do and need time to find someone else to do it. Since they have you there to do the work pro tem, I can't see them being willing to let you wander off for a while. So start thinking like a business; you're contracted to deliver something, so JFDI.

[expatabroad]

Is it possible that some of your responses are fully automated by some relatively sophisticated AI?

Hi NWP2C - to the best of my knowledge, I would say not...limited more by switching between mobile (shorter responses due to retarded thumb capability on a touchscreen) and keyboard (longer responses as slightly more proficient & greater level of dexterity).

Hope this clears up the question!

[northernladuk]

Is it possible that some of your responses are fully automated by some relatively sophisticated AI?

Please read the newbies guide to the right. You will find all the information you need -->

[Ignis Fatuus]

By starting work you accepted whatever terms were on the table at the time, including the nature of the work. It doesn't matter that you haven't signed anything. So yes, you are bound by the terms of the contract.

OK I'll put my head on the fing block again:

in the absence of a signed contract, why is the OP bound by the terms that the agency had in mind, rather than the agency bound by the terms that the OP had in mind?