Reply to: Question on Contract Termination

[LondonManc]

Many thanks guys.

On balance my approach is going to be to keep my head down, work out the 60 (calendar!) days and leave on great terms.

Onwards to the next one!

Correct. Rocking the boat may lead to them deciding to pull the plug even sooner. You've got over 8 weeks to consider what you want to do next - I'd get my cv out there on Jan 4th because it'll be dead over Christmas. That said, if they mean 12 work weeks, you may want to clarify that on Jan 4th before you click the send button in case you've got a bit longer than expected. Either way, I'd personally crack on until the Christmas break then get my CV together.

[Suhari]

Many thanks guys.

On balance my approach is going to be to keep my head down, work out the 60 (calendar!) days and leave on great terms.

Onwards to the next one!

[BolshieBastard]

Thanks for the responses.

Looks like I may have been unclear in my original post, and so raised more questions than answers!

To clarify:

• I am working with the client via my Ltd company - not via an agency
• The contract was refreshed (extended? - whatever word you prefer) 5 weeks ago
• The contract states that 'either party may terminate with 60 days notice': I have been served notice

Which takes me back to the original question: any insights available on precedents around whether this would be 60 calendar or worked days?

Perhaps more of a question for a solicitor, but wondering if anyone can provide an informed view?

The client has given you 60 days notice that after the 60th day, they no longer want you on site and will not be using your services.

It appears to me the client will pay you for each of the days you work from the day of serving notice to and including the 60th day. These will be the days you normally work and bill for whether they be Mon - Fri or any other days including Sat - Sun.

If the client had no intention of paying you for these days, they would have walked you off site or told you not to come in the next day. In that case you probably wouldnt have got any more money despite the 60 days notice period.

However, note the client could turnaround at any time in the 60 day period and say 'dont come in after today' and they dont need to pay up the remainder of the notice period ie no work, no payment.

[northernladuk]

Thanks for the responses.

Perhaps more of a question for a solicitor, but wondering if anyone can provide an informed view?

Erm it's a question for your client surely??? Not hard to drop them a mail for clarification. Unless you would rather pay a solicitor to pick up the phone and ask them of course.

Direct may explain the longer than normal notice.

[Lola C]

It's calendar days, and I doubt anything can be done about that.

[Suhari]

I get the impression that the gig is coming to an end but the OP is expecting to get paid for 60 days after that as notice of termination, but I may be wrong

If you can suggest a way I can manage this then I'm all ears!

[Suhari]

60 days notice period?? 2 months on a 6 month gig. You didn't think to negotiate this down?

So have you been served notice or is it coming to a natural end with no notice required?

Was my first ever contract: was desparate after being out of work for a while and if I recall happy at a longish termination (after experiencing a couple of redundancies on the trot!)

We live and learn.

[Suhari]

Thanks for the responses.

Looks like I may have been unclear in my original post, and so raised more questions than answers!

To clarify:

• I am working with the client via my Ltd company - not via an agency
• The contract was refreshed (extended? - whatever word you prefer) 5 weeks ago
• The contract states that 'either party may terminate with 60 days notice': I have been served notice

Which takes me back to the original question: any insights available on precedents around whether this would be 60 calendar or worked days?

Perhaps more of a question for a solicitor, but wondering if anyone can provide an informed view?

[northernladuk]

I get the impression that the gig is coming to an end but the OP is expecting to get paid for 60 days after that as notice of termination, but I may be wrong

Oh dear god I hope you are wrong lol...

[TestMangler]

60 days notice period?? 2 months on a 6 month gig. You didn't think to negotiate this down?

So have you been served notice or is it coming to 4 natural end with no notice?

I get the impression that the gig is coming to an end but the OP is expecting to get paid for 60 days after that as notice of termination, but I may be wrong

[northernladuk]

60 days notice period?? 2 months on a 6 month gig. You didn't think to negotiate this down?

So have you been served notice or is it coming to a natural end with no notice required?

[BlasterBates]

I think generally if the client teminates there's not a lot you can do, however if the agency terminates when the client evidently did have work, that would be a case where the agency would be in breach of contract.

Of course you need to check terms and conditions in the contract and consult a soliciter as to whether any conditions only paying for work signed off by the client is acceptable. In other words the agency would give you 60 days notice or maybe not bother but simply inform you that you are no longer required at the client's site as the contract usually has that clause in.

[psychocandy]

Yes I'm confused too.

OP - You do know that they can give you 10 minutes notice of their desire not to renew don't you? 60 days only applies if they terminate part way through.

But then I can understand the confusion. As I've said before, one client kept harping on I had to give them 4 weeks notice (which was notice period) that I would not be renewing. Even though they fannied about every renewal and left it until the last day (or later). Kept explaining about contracts and ending etc and they didnt get it either.

[BlasterBates]

If the client has no work for you, the the agency has no obligation to pay.

There is only an obligation to pay for days worked unless there is a clause in your contract that specifically outlines how much compensation you get if the contract is terminated early. Contracts are usually drawn up in that way, but no harm in consulting a soliciter if you believe that the contract isn't clear on that point.

With regards to the client, he doesn't care, you can't sue the client you can only sue the agency. I wouldn't even bother to mention it, as it is irrelevant to the dispute.

[Suhari]

I might be missing something here, but I'm not understanding the point of your question.

You had a six month extension and as you state, it's coming to an end. Have you been served notice (thus ending your contract early) ?

I've been served notice, so the contract will not reach the 6 month point.