Hourly Paid Contract Notice Period Advice

[MerlinWizzard]

Hi All

I've been working as a contractor for the NHS via a recruitment consultancy for 10 weeks now. My contract was for 12 months. I handed my notice in on Friday and I was told I am required to work 4 weeks notice.

I am contracting through my own Ltd company.

My new job is a permanent role that I wish to take up as soon as possible.

I am paid hourly for the first 37.5 hrs I work every week plus time and a half for anything above this. My pay rate was due to increase after 12 weeks.

When I started the contract I was told it was 1 weeks notice for the first 12 weeks and 4 weeks afterwards. Having read my contract it does actually say 1 week for the first 4 weeks and 4 weeks afterwards.

When I hinted to my manager whilst handing in my notice that I was under no obligation to attend she hinted that she wouldn't give me a good reference!

So the things I would like advice on are;

Is this a standard for this type of contract?
Is this notice period enforceable?
Could I just call in sick or take holiday?
Can I be sued if I don't turn up?

Any help or advice would be greatly appreciated.

Thanks

Steve

[Scruff]

You need to stand by the terms of the contract. If you just quit then be prepared to fight for your money. Clearly, the contract world is not one for you?

[VectraMan]

I'd just work the week's notice as the contact clearly states. If you really don't want to, then yes you could get sued in theory. Or they'll use it as an excuse not to pay you any outstanding amount and leave it up to you to sue them. Don't worry about the reference threat.

[Old Greg]

Tell them you are taking four weeks' holiday. Then give four weeks' notice. If they kick up a fuss offer (in writing) to send a substitute.

[psychocandy]

bottom line. **** them. you are contractually allowed to give a week so if thats what you want to do, do it.

[SueEllen]

Tell them you are taking four weeks' holiday. Then give four weeks' notice. If they kick up a fuss offer (in writing) to send a substitute.

They can have a problem with you taking holiday but they can't have an issue with you having "personal problems" and needing time off immediately.

You are well within your rights to refuse to disclose those personal problems if they are off a sensitive nature.

Oh and you shouldn't be getting references from any permie managers as a contractor - the reference should come from your agency if it's an official reference, or another contractor if they want a personal reference.

[MerlinWizzard]

Essentially I fell into contracting by accident as after being made redundant last year this was the only job I was offered. I took the job to pay the bills!

My contract does say that I have to give 4 weeks notice. This seems excessive for a job I have only had for 10 weeks.

I don't usually have any big outstanding amounts as my timesheet goes in every Monday and I get paid every Wednesday.

[TheFaQQer]

I'd just work the week's notice as the contact clearly states....

you are contractually allowed to give a week...

But the contract doesn't say one week, it says four weeks:

Having read my contract it does actually say 1 week for the first 4 weeks and 4 weeks afterwards.

Give notice in line with the contract. Work the notice. Leave.

Or

Don't give notice in line with the contract. Don't work the notice. Leave. Fight for your money, being prepared that the client / agency will threaten to sue.

[VectraMan]

So the question is, were you "told" the notice period was 1 week by email or by something you have proof of?

[eek]

The only question here is what tells you that the notice is 1 week for the first 12 weeks.

If its in an email then you have two things that contridict each other and give you a fighting chance of reducing the notice period.

If it was only verbal all your paperwork says 4 weeks and that is what you are going to have to accept.