Contract Termination Notice Period

[Axe1974]

The only relevant clauses are around termination, no mention of breach of warranty or conditions - something along the lines of failure by the contractor to give notice of termination as per the assignment confirmation note shall constitute a breach of contract, then they are entitled to claim for any costs incurred.

[TheFaQQer]

The only relevant clauses are around termination, no mention of breach of warranty or conditions - something along the lines of failure by the contractor to give notice of termination as per the assignment confirmation note shall constitute a breach of contract, then they are entitled to claim for any costs incurred.

It's not just about the termination - your question was whether if you took holiday, sick days, didn't bother turning up, whether the agency could take any action against you. It's what the contract says about what your company is expected to do, and what they are expected to receive in return. The contract won't lay out what is a warranty and what is a condition - that would be for a court to determine.

If the agency took legal action, then there is a range of things that they could pursue, although whether any of them are likely to win or not is a different matter. to quote Edmund Davies LJ in The Mihalis Angelos case

"One must look at the contract as a whole, and if it is clear that the innocent party has lost nothing, he should recover no more than nominal damages for the loss of his right to have the whole contract completed."

If you are looking to breach the contract then I would

• determine whether your actions consititute a breach of contract or not
• if they do, then determine whether they are a breach of warranty or a breach of conditions
• then determine what liabilities you could be exposing your company and yourself to

Only once you have a clear picture of those can you really be in a position to determine whether playing sick is the smartest action to take.

[Axe1974]

Basically these are what the Contractor agrees to do....

Not to engage in any conduct detrimental to the Ageny or the Client.

To be present during the times or for the total number of hours as may be agreed with the Client.

Cooperate with the Client, follow rules applicable to their own staff.

Not to subcontract to any third party.

Notify agency if contractor becomes insolvent, dissolved etc.

Comply with VAT & Companies Acts.

[TheFaQQer]

Basically these are what the Contractor agrees to do....

Not to engage in any conduct detrimental to the Ageny or the Client.

To be present during the times or for the total number of hours as may be agreed with the Client.

Cooperate with the Client, follow rules applicable to their own staff.

Not to subcontract to any third party.

Notify agency if contractor becomes insolvent, dissolved etc.

Comply with VAT & Companies Acts.

Assuming this is genuine...

If you take sickies, just don't turn up, walk out the door, do you think that would count as "conduct detrimental to the Ageny or the Client."???

You can't use a substitute, so I'd bet that there isn't anything in there about MOO either, so chances of you being able to get out easily from this employment seem slim.

[Axe1974]

Assuming this is genuine...

If you take sickies, just don't turn up, walk out the door, do you think that would count as "conduct detrimental to the Ageny or the Client."???

Yes I think it could count as being detrimental.

However family/personal issues etc. are all reasons for sickness. The client will probably terminate the contract for some reason other than that (as they are entitled to do), so the agent would couldn't claim that?

[TheFaQQer]

Yes I think it could count as being detrimental.

However family/personal issues etc. are all reasons for sickness. The client will probably terminate the contract for some reason other than that (as they are entitled to do), so the agent would couldn't claim that?

So what you want to do is to act so unprofessionally that the client terminates your contract, so you can walk to something else. Good plan.

What you want to hear is that it's fine to walk and don't worry about it, so it's fine to walk and don't worry about it.