Advice Please

[leegtr]

Good morning,

I have just found this forum and apologise but as usual on a forum I am after a small amount of advice.

I currently run my own limited company and contract as I am sure most of us do and I am currently in a year long contract but it is the second year for the same company.

The issue I have is the work load is now excessive and to some degrees the contract has been breached as I am employed for a project but I have verbally agreed to assist on another than was in trouble based on the fact I was advised this would not take much time. Fast forward 6 weeks and this is so untrue it's unreal.

In the mean time I have been contacted about a new role via a friend and this new role is the next level up in terms of management so I am keen to accept for personnel progression.

I could obviously break contract based on breach of contract in my opinion but this is not what I want to do and also the contract has a termination agreement which I can activate anyway.

The question I have is the terminate clause says either party can terminate based on giving the notice period stated in the schedule but in reading the schedule there is no period stated (believe me I have checked a lot) I am guessing based on this I could give just a week although I don't believe that is appropriate as if I do between 4 and 6 weeks if will take the project to a more acceptable hand over point for my client, and although they are not going to be happy I want to ensure it is as painless for them as possible.

Does anyone see any issues in me giving 4-6 weeks notice based on the fact the schedule does not state a duration? Or am I intact being over generous in reality?
Thanks
Lee

[speling bee]

Good morning,

I have just found this forum and apologise but as usual on a forum I am after a small amount of advice.

I currently run my own limited company and contract as I am sure most of us do and I am currently in a year long contract but it is the second year for the same company.

The issue I have is the work load is now excessive and to some degrees the contract has been breached as I am employed for a project but I have verbally agreed to assist on another than was in trouble based on the fact I was advised this would not take much time. Fast forward 6 weeks and this is so untrue it's unreal.

In the mean time I have been contacted about a new role via a friend and this new role is the next level up in terms of management so I am keen to accept for personnel progression.

I could obviously break contract based on breach of contract in my opinion but this is not what I want to do and also the contract has a termination agreement which I can activate anyway.

The question I have is the terminate clause says either party can terminate based on giving the notice period stated in the schedule but in reading the schedule there is no period stated (believe me I have checked a lot) I am guessing based on this I could give just a week although I don't believe that is appropriate as if I do between 4 and 6 weeks if will take the project to a more acceptable hand over point for my client, and although they are not going to be happy I want to ensure it is as painless for them as possible.

Does anyone see any issues in me giving 4-6 weeks notice based on the fact the schedule does not state a duration? Or am I intact being over generous in reality?
Thanks
Lee

IANAL etc.

I don't believe there has been a breach of contract that would allow you to terminate.

I would be inclined to try to come to a gentlemanly agreement to give 1 month's notice. If they do not agree you at need legal advice - PCG has a free helpline for members.

Options may include:

- Persuading client that they don't want someone who doesn't want to be there.
- Attempting to enforce a substitution clause if you have one.
- Being difficult: arranging holidays for critical periods. Phoning in sick when having a meeting with senior management
- Walking and inviting to sue.

Good luck.

[suityou01]

If there is no period stated then what does that tell you?

I have not seen your contract, and ianal but of there is no contracted notice period then how can they sue when you just up sticks?

Find another gig and then jump.


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[leegtr]

Breach of contract is always a strange one, and in reality I can just revert to contract which is to run the one project (which is detailed in the contract) but this is no use to them.

The main question is if the contract states either can terminate and references the duration in the schedule but the schedule states no duration it means I can terminate but I am confussed on the time I need to give as there is no set duration mentioned.

At the end of the day for a successful working contract both parties need to be happy so I am 100% sure that a parting of company will occur but the lack of duration in the contract was the only confussion I have.

Like I say I want to offer 6 weeks to take the project to a successful milestone but just want to ensure I am clear where I stand from a legal perspective etc.

Lee

[speling bee]

If there is no period stated then what does that tell you?

I have not seen your contract, and ianal but of there is no contracted notice period then how can they sue when you just up sticks?

Find another gig and then jump.


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The legal question is: does no notice period mean:

- The OP cannot give notice and must complete the contract
- The OP can leave without notice
- It is implicit that there should be a notice period so the OP can give reasonable notice

I have no idea on the legalities, hence my suggestion. to come to an agreement or get legal advice.

[suityou01]

Fwiw a contracting buddy was faced with the same and just off fooked.


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[leegtr]

Suityou that's my view but the fact the contract referenced a non existance duration section it just had me scratching my head.

[leegtr]

Thanks I have posted the question to qdos legal team who do all my insurances and contract reviews but always good to get a general opinion from people on the ground as the majority is normally right.

My view is I can terminate as there is a specific termination section and the fact the duration is not detailed is an oversight that in reality means we could both terminate with 1 mins notice if we wanted. Although that's not how I would leave for professional reasons etc

[suityou01]

It would come under the category of "uuuuunluckyyyyyy" with suitable hand gesture. The op holds all the cards IMHO. For the sake of professionalism offer them 1 weeks notice in lieu of the missing one states in the schedule. IF it goes to court then you played fair and both parties missed this fault in the contract so both were equally exposed for the duration. You just invoked it first. How would you feel if they told you to fook off with 1 weeks notice? What leg would you have to stand on?


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[LisaContractorUmbrella]

IANAL but I would think that if the contract has a start and termination date but no notice period then there would not be the option for the OP to hand in their notice; they would have to complete the contract as per the agreement.

That said I would have thought that a month's notice would be reasonable and unlikely not to be accepted by the client