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Reply to: Termination Period
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Previously on "Termination Period"
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Thanks for all the replies.
Originally posted by Hex View PostYes - give your full 4 weeks notice on the contract to the agent. Agree with the client that you will only work 1 week and don't go in for the 3 following weeks. Unless your contract says you must turn up for work every day (and if it did it would be very bad IR35-wise) then the agent won't be able to do anything.
And no, there's nothing in the contract about me having to work every day. There is also a substitute clause in there, but in reality by the time I could get a substitute arranged and with the project in the final stages I just don't think it'd work.
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Yes - give your full 4 weeks notice on the contract to the agent. Agree with the client that you will only work 1 week and don't go in for the 3 following weeks. Unless your contract says you must turn up for work every day (and if it did it would be very bad IR35-wise) then the agent won't be able to do anything.
Alternatively call their bluff. If they did take you to court you could argue that they have not lost any fees as you weren't going to work those weeks anyway, even if you didn't end the contract. Again, this relies on the fact that your contract does not insist that you turn up for work every day. If it does, then you're in a much weaker position.
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Originally posted by kamikz View PostHi, have been browsing these forums for a few months and finally getting round to posting.
I'm currently in contract but for personal reasons need to leave it after this week, I spoke to the client yesterday and they are ok with this, the client told the agent last night about this and I have been trying to get hold of the agent today but can't so far. But, I have received a legal notice from the agent saying if I leave early the will pursue me for costs at my daily rate for the notice period that I don't work for (which is 4 weeks, so less this week would be 3 weeks worth).
I wouldn't normally leave a contract prior to completing, but in this case I don't have a choice.
So whats the best way around this? I'm thinking along the lines of giving them the 4 weeks notice that I'm terminating the contract and then phoning in to the client sick as from next week, would I get away with this or would they deem me to have terminated the contract then and still try and get me?
Thanks for any help.
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Originally posted by kamikz View PostHi, have been browsing these forums for a few months and finally getting round to posting.
I'm currently in contract but for personal reasons need to leave it after this week, I spoke to the client yesterday and they are ok with this, the client told the agent last night about this and I have been trying to get hold of the agent today but can't so far. But, I have received a legal notice from the agent saying if I leave early the will pursue me for costs at my daily rate for the notice period that I don't work for (which is 4 weeks, so less this week would be 3 weeks worth).
I wouldn't normally leave a contract prior to completing, but in this case I don't have a choice.
So whats the best way around this? I'm thinking along the lines of giving them the 4 weeks notice that I'm terminating the contract and then phoning in to the client sick as from next week, would I get away with this or would they deem me to have terminated the contract then and still try and get me?
Thanks for any help.
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Even if enforceable, they would not be entitled to your full daily rate. Their entitlement would extend to their expected profit only. They would have to take you to court to get it.
Worth a quick call to a solicitor to get the correct wording to use in your response.
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Termination Period
Hi, have been browsing these forums for a few months and finally getting round to posting.
I'm currently in contract but for personal reasons need to leave it after this week, I spoke to the client yesterday and they are ok with this, the client told the agent last night about this and I have been trying to get hold of the agent today but can't so far. But, I have received a legal notice from the agent saying if I leave early the will pursue me for costs at my daily rate for the notice period that I don't work for (which is 4 weeks, so less this week would be 3 weeks worth).
I wouldn't normally leave a contract prior to completing, but in this case I don't have a choice.
So whats the best way around this? I'm thinking along the lines of giving them the 4 weeks notice that I'm terminating the contract and then phoning in to the client sick as from next week, would I get away with this or would they deem me to have terminated the contract then and still try and get me?
Thanks for any help.Tags: None
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