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Handing in notice

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    Handing in notice

    Around a couple of months ago. My current contract was extended. The notice period was also extended from 5 days to 4 weeks

    Anyway. I'm considering leaving and having such a long notice period could be a problem...

    Work is starting to dry up and I'm growing tired of doing next to nothing most days. I have a couple of potential gigs lined up and I doubt they'd be prepared to wait a month for my release.

    What do I do if my current client refuses to set me free early?

    #2
    [psychocandy]Call in sick[/psychocandy]
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      1/ Keep turning up, keep invoicing

      2/ Break your contract, face a risk of legal action

      3/ Explain that work is drying up and you don't feel that you're offering them with sufficient value for money and an early exit by you would be more cost-efficient for them; offer remote support via email as part of this should they have any queries after you've gone.

      4/ Do you have a substitute and substitution clause?
      The greatest trick the devil ever pulled was convincing the world that he didn't exist

      Comment


        #4
        But seriously.. negotiation is your friend here. No client wants an expensive contractor around that doesn't want to be there and if the work has dried up you'll actually be doing them a favour. With regard to actually doing the deed the options you've got are..

        Get a substitute in. Find someone of your own back, give them a couple of days handover off your own time and then just go.

        Get your handover ready in the background and when the deed needs to be done explain you need to go early but the reality is it's not full time now due to lack of work and to help you've got a detailed handover plan that won't cause any interruption if they can get someone fairly quick.

        As long as you don't drop anything ridiculous on them like a few days they should be amenable. If you've given them a week or two and they are still upset you are just going to play hardball but expect not to work there again and the agent to withhold (illegally) your last payments. You should be able to get it off them with a lot of arguing and dunning though.

        You are wanting to breach your contract so don't be too upset if it gets difficult but it won't be insurmountable.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #5
          In my experience end client always agrees with a shorter notice, as long as you can do your handovers

          Comment


            #6
            Originally posted by northernladuk View Post
            But seriously.. negotiation is your friend here. No client wants an expensive contractor around that doesn't want to be there and if the work has dried up you'll actually be doing them a favour. With regard to actually doing the deed the options you've got are..

            Get a substitute in. Find someone of your own back, give them a couple of days handover off your own time and then just go.

            Get your handover ready in the background and when the deed needs to be done explain you need to go early but the reality is it's not full time now due to lack of work and to help you've got a detailed handover plan that won't cause any interruption if they can get someone fairly quick.

            As long as you don't drop anything ridiculous on them like a few days they should be amenable. If you've given them a week or two and they are still upset you are just going to play hardball but expect not to work there again and the agent to withhold (illegally) your last payments. You should be able to get it off them with a lot of arguing and dunning though.

            You are wanting to breach your contract so don't be too upset if it gets difficult but it won't be insurmountable.
            Or advise them your are unavailable for work for two weeks (giving two weeks notice) and then give notice. Offer to do a day handover when they have someone in to replace you.

            Just because you are in contract, there is no obligation to work any days, any more than there is an obligation for the client to offer you days.

            Comment


              #7
              Originally posted by Old Greg View Post
              Or advise them your are unavailable for work for two weeks (giving two weeks notice) and then give notice. Offer to do a day handover when they have someone in to replace you.

              Just because you are in contract, there is no obligation to work any days, any more than there is an obligation for the client to offer you days.
              That's possible I guess but probably the most aggressive method. I'm sure you wouldn't have to resort to this and if you did you can guarantee there is going to be a tulip storm and you won't see your last payments.

              I'm sure it will never go legal but I'm not sure this is without problems. Telling them you are unavailable but signing and starting a new gig in that period is clear intention to breach. It's dressed up to use some rights yes, but with the sole intention of avoiding legal obligations so won't stand up in court if it ever got there, which I am sure it won't but just an point of interest.

              It opens the confusing debate about MoO as well. While you are in contract it gets very confusing about the fact you accepted to fulfil a piece of work so some form of obligation which gets in to unilateral contracts and all that marky? We go over this regularly and I'm not sure we every get a solid agreement. Plenty of the guides have statements such as this..

              "The client is not obliged to offer ongoing contracts or work to the company nor is the company obliged to accept such contracts or work if offered" there can be no mutuality of obligation and therefore no contract of employment.
              https://www.contractoruk.com/news/00...bligation.html

              or

              Outside of the legal profession, the phrase "absence of Mutuality of Obligation" is now often used to mean something like "the absence of any obligation to provide and do further work when the current (relatively short term) piece of work which the worker is obliged to complete has come to an end" and to avoid confusion with terminology I will refer to contracts which lack such further obligations as "one off contracts".
              https://www.contractoruk.com/news/00...at_it_not.html

              I don't think saying you don't have to come in to do the work is anything to do with contractual obligations and MoO but more to do with the T&M way we work and get paid.

              If everyone could get out of their contractual terms just because they are not obliged to do the work then it's gonna be mayhem surely. Builders are gonna piss off before they've finished, half completed IT projects and the like all of which mean the contract which details what is to be delivered is worthless?

              But as I said.. the reality is you could probably do what OG says but it's not going to be pleasant.
              Last edited by northernladuk; 13 June 2018, 10:42.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                Originally posted by northernladuk View Post
                That's possible I guess but probably the most aggressive method. I'm sure you wouldn't have to resort to this and if you did you can guarantee there is going to be a tulip storm and you won't see your last payments.

                I'm sure it will never go legal but I'm not sure this is without problems. Telling them you are unavailable but signing and starting a new gig in that period is clear intention to breach. It's dressed up to use some rights yes, but with the sole intention of avoiding legal obligations so won't stand up in court if it ever got there, which I am sure it won't but just an point of interest.
                What legal obligations? I don't think I've ever signed a contract that obliges me to deliver services on any given days. Clients can get away with giving you notice and then telling you there is no work available during the notice period. It works the other way (unless you're signing different contracts).

                Of course it's not very pleasant and I'm being tongue in cheek - always better to compromise and negotiate. But it is good to know what your obligations are.

                Comment


                  #9
                  It's a very one-sided playing field unfortunately and always in favour of those who have the money.
                  The client has a pot of cash that the agencies and contractors want and that invariably leads to the client winning as agency and contractor will do whatever they can to maximise their cut of the cash. Cat and mouse boys, cat and mouse.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

                  Comment


                    #10
                    Originally posted by Old Greg View Post
                    What legal obligations? I don't think I've ever signed a contract that obliges me to deliver services on any given days. Clients can get away with giving you notice and then telling you there is no work available during the notice period. It works the other way (unless you're signing different contracts).
                    .
                    I'm not sure that's the case though and that's where it get's very confusing. They can get away with it because the obligation to provide the work in contract has been completed, lets say build a wall, and they are under no obligation to give you further work once this is completed. In fact to keep yourself IR35 status safe you should insist they offer you no more work. If they want something else doing you cancel that contract and start a new one with new deliverables.

                    If you sign a contract to build a wall you are contractually obliged to do so. You can't just say I'm off with half a wall built. You are still obliged to deliver what was agreed surely.

                    That is if you have a set outcome to achieve in the contract though, which most of ours aren't. In the absence of a marked delivered isn't the end date the deliverable? Dunno.

                    As LM says though, client/supplier contracts are not a level playing field.

                    EDIT : But if anyone on this forum is aware of the intricacies of MoO it's you so an odd discussion really
                    Last edited by northernladuk; 13 June 2018, 11:16.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

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