Honesty/Integrity best policy with agents/clients? Umm nope

[northernladuk]

Did you tell them (and the agent) in writing?
If not then you haven't told them and you've not helped yourself.

If you've got it in writing (and therefore evidenced) then you're in a far stronger position. And having not had a response on the subject for 3 weeks I'd say you're good to leave. It wouldn't make you invulnerable against later actions but it provides a very strong defence and would almost certainly fall in your favour if it ever got legal.

Why is he good to leave? He has no notice period. He's looking for some flexibility from the client who have, within the terms of the contract, refused and PC is getting upset about it. I don't see that as a reason he's good to leave? It's unfortunate. Sometimes they are flexible towards the contractor and occasionally they are just sticking to the terms of the contract both parties signed.

I'd like to see PCs posts if the situation was reversed and they binned him when there was no notice.

[kaiser78]

Why is he good to leave? He has no notice period. He's looking for some flexibility from the client who have, within the terms of the contract, refused and PC is getting upset about it. I don't see that as a reason he's good to leave? It's unfortunate. Sometimes they are flexible towards the contractor and occasionally they are just sticking to the terms of the contract both parties signed.

I'd like to see PCs posts if the situation was reversed and they binned him when there was no notice.

Surely he would just keep calm and carry on contracting...?

[davetza]

Is there absolutely nothing in the contract about how to end the contract? I normally take the no notice period to mean no defined notice period which means you just tell them when you are leaving.

[kaiser78]

Is there absolutely nothing in the contract about how to end the contract? I normally take the no notice period to mean no defined notice period which means you just tell them when you are leaving.

Yes but in writing surely, which is what OP hasn't done ?

[psychocandy]

What a school boy error !! Even with no notice period you should have advised them in writing and chased up for a confirmation/ acknowledgement. This is what has put you in the situation you are currently faced with...

Well I didnt put it in writing because there is no notice to put in writing....

[psychocandy]

Is there absolutely nothing in the contract about how to end the contract? I normally take the no notice period to mean no defined notice period which means you just tell them when you are leaving.

Force Majeure which is stretching it a bit.

[VillageContractor]

Had a gal here who didn't have a notice period in her 6 month contract. Decided to leave after 2 months, she argued that the company wouldn't want to keep her if she didn't want to be there (I can see what she means).

I think the client has been unreasonable and I would be giving them a date of my last day.

Also if there is no notice period then a client wouldn't give you notice they'd just tell you there's no work for you. It's an easy way out for them.

[northernladuk]

Is there absolutely nothing in the contract about how to end the contract? I normally take the no notice period to mean no defined notice period which means you just tell them when you are leaving.

You'd be wrong then. It would mean you have no right to notice which means it can't be terminated from your side.

[northernladuk]

Also if there is no notice period then a client wouldn't give you notice they'd just tell you there's no work for you. It's an easy way out for them.

Indeed but these are two different things. One is notice period. There isn't one. That's the end of that. The contractor must work until the end of the period stated whilst the client has work. The client isn't obliged to offer work beyond the scope of the engagement.

If the client has no work then we don't get paid but the contract can still run. It is an easy out but that's the way the contract and the engagement is and generally how and why T&M supplier/client relationships work. It isn't a level playing field.

It's also the best situation for your IR35 status as well I believe.

[LondonManc]

Indeed but these are two different things. One is notice period. There isn't one. That's the end of that. The contractor must work until the end of the period stated whilst the client has work. The client isn't obliged to offer work beyond the scope of the engagement.

If the client has no work then we don't get paid but the contract can still run. It is an easy out but that's the way the contract and the engagement is and generally how and why T&M supplier/client relationships work. It isn't a level playing field.

It's also the best situation for your IR35 status as well I believe.

In theory, then, PC is in the same position as a client not being obliged to offer work; that is, he's not obliged to accept the work offered, no? Probably something that can only be done if you don't intend working somewhere again.