Notice Period and Opt-out contracts

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northernladuk replied

24 August 2012, 10:11
Originally posted by dboyd68 View Post

Professionally I understand leaving before the end of my notice period is not great and I am trying to avoid it. But just want to understand legally where I stand either way.

Thanks.

You are a step ahead of yourself here. Professionaly giving notice to a contract is not great. Not honouring the notice period is unprofessional and as you have indicated can land you in legal bother.

That, by the way is my opinion. Some of my more mercenary colleagues will probably not agree.

The professional thing to do would be to try negotiate your way out of it with the client though in most cases this won't wash.

Just a random thought but wouldn't it be a good idea to start understanding the way you work, your legal responsibilities and your relationship with clients/agents before you start giving notice and trying to screw your client over... Not doing that is hardly professional.
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NotAllThere replied

24 August 2012, 10:04
You're obliged to do the work until the end of the contract or for 4 weeks from when you give notice, whichever is earlier. If you do not, you can be sued by the client to the cost of getting someone in to replace you.

The client is unlikely to have a right, however, to not pay you for work done.

I can't see that opting-in or out has any relevance. But what do you think you're doing, signing something you don't understand? It's rather unwise...
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dboyd68 started a topic Notice Period and Opt-out contracts

24 August 2012, 09:26
Notice Period and Opt-out contracts

Hi All,

I am trying to get some information so I know where I stand.

I have a contract that is coming to an end, I signed the opt-out form (at the time didn't really understand it)

On my contract I have a 4 week notice period, and I was wondering if I needed to leave early say 2-3 weeks and my client said no. Am I legally obliged to stay the full 4 weeks? i.e. can I be sued or can they withhold pay (for days already worked) if I leave early.

Professionally I understand leaving before the end of my notice period is not great and I am trying to avoid it. But just want to understand legally where I stand either way.

Thanks.
Tags: notice period, opt out