Originally posted by jmo21
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Previously on "Do I have to serve my notice period in my contract?"
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Originally posted by Zero Liability View PostWhen I've discussed this with someone from Accountax in the past, I've been told if the client has the unilateral right to terminate the contract immediately due to e.g. unsatisfactory work, it could be said that there is no MOO as it only flows in one direction, with regard to MOO during the contract. They take a cautious view when doing a contract review and would fail it on the MOO aspect, if you can't evidence there is no MOO during the actual contract, but as mentioned, the aforementioned factor would point to a lack of MOO during the contract due to its unilateral character, as would of course a lack of obligation to accept any further work the agency or client are willing to offer upon its termination (natural or otherwise), i.e. what Cojak mentioned.
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Originally posted by jmo21 View PostI've never been entirely convinced by this argument around MOO.
Most things I've read indicate it is more to do with the end of a contract and whether they client/contractor is obliged to offer/accept a contract extension.
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You can use MOO if the project for which you've been contracted gets cancelled before the end of contract. When it occurred to me, the client just expected to assign me to something different. I invoked lack of MOO and walked after a face-to-face meeting with the client the following day.
You can't walk just because you don't like the work.
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Originally posted by jmo21 View PostI've never been entirely convinced by this argument around MOO.
Most things I've read indicate it is more to do with the end of a contract and whether they client/contractor is obliged to offer/accept a contract extension.
Does anyone have a link that talks about this specific case or use of MOO?
There is a client-supplier relationship going on so it isn't even both ways I am afraid. If the work dries up the a client quite naturally will not need the service. You just upping sticks because you don't want to do the work isn't the same.
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Originally posted by captainham View PostTry searching again but this time for "moo notice period".
MOO is mutuality of obligation, which is hopefully in your contract (or more precisely a stated lack of MOO) as far as IR35 considerations go.
There are many arguments around MOO, but in a nutshell, no MOO means you can hand in notice then tell the client you're not available to work any of the days in that notice period (in the same way they could technically do the same to you). It basically renders notice periods invalid.
Most things I've read indicate it is more to do with the end of a contract and whether they client/contractor is obliged to offer/accept a contract extension.
Does anyone have a link that talks about this specific case or use of MOO?
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Originally posted by Johnson View PostHi,
My current contract states that I must serve 2 weeks notice once I terminate it. I'm in a situation where I am not able to go back to the office. Where do I stand if I terminate the contract but don't serve the notice period? Am I liable for any costs or legal action as a result of not completing the notice.
FYI I have only recently started this contract so there will be little impact to me leaving in terms of deliverables. It will just cause a delay in terms of recruiting again.
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Check your contract for other stupid stuff too - mine contains (until i get it altered when I get boomed next week) a clause in the client specific addendum which states that I need written permission from the client to take any holiday, thereby blowing out of the water the RoS & MoO clauses in one fell swoop. Although i'm not obliged to accept any work they have to offer, I am obliged (technically at least - they're pretty relaxed) to get permission to not turn up
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Originally posted by captainham View Post
You also need to check your contract carefully...there could well be some terms in there about having to pay some sort of compensation if you terminate early. There was a recent post on here about that too: http://forums.contractoruk.com/accou...ce-period.html
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Try searching again but this time for "moo notice period".
MOO is mutuality of obligation, which is hopefully in your contract (or more precisely a stated lack of MOO) as far as IR35 considerations go.
There are many arguments around MOO, but in a nutshell, no MOO means you can hand in notice then tell the client you're not available to work any of the days in that notice period (in the same way they could technically do the same to you). It basically renders notice periods invalid.
But whether or not you want to go down that route depends on how happy you would be to potentially burn your bridges with your client (and maybe agency, but I'm sure they'll get over it if there's more money to be made from you in the future).
And if got really nasty, they could try and take it legal (even if it failed/is legally a total non-starter, it would still be a hassle for a while). I doubt it would come to that though, it's more about the burning bridges issue.
You also need to check your contract carefully...there could well be some terms in there about having to pay some sort of compensation if you terminate early. There was a recent post on here about that too: http://forums.contractoruk.com/accou...ce-period.htmlLast edited by captainham; 25 April 2014, 21:28.
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Hi,
I tried a google search before and just checked the results from your one but couldn't find the response I wanted, hence to post here.
Anyone, any info on this would be appreciated.
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Originally posted by Johnson View PostHi,
My current contract states that I must serve 2 weeks notice once I terminate it. I'm in a situation where I am not able to go back to the office. Where do I stand if I terminate the contract but don't serve the notice period? Am I liable for any costs or legal action as a result of not completing the notice.
FYI I have only recently started this contract so there will be little impact to me leaving in terms of deliverables. It will just cause a delay in terms of recruiting again.
Tips on searching the forum are here:
http://forums.contractoruk.com/welco...uk-forums.html
And here's a starter for ten:
Let me google that for you
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Do I have to serve my notice period in my contract?
Hi,
My current contract states that I must serve 2 weeks notice once I terminate it. I'm in a situation where I am not able to go back to the office. Where do I stand if I terminate the contract but don't serve the notice period? Am I liable for any costs or legal action as a result of not completing the notice.
FYI I have only recently started this contract so there will be little impact to me leaving in terms of deliverables. It will just cause a delay in terms of recruiting again.Tags: None
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