Reply to: Notice period question

[LondonManc]

They do not want to negotiate going to go straight to HR tomorrow its a ridiculous situation now the work has dried up why keep someone for almost 2 weeks & pay them if no work & they are keen to move on from an untenable situation.

They are also hiring replacements @ £1000 per month less (the real reason they do not want to allow an early termination methinks!!). Highly illegal obviously but proving it is something else altogether.

Is it obvious?

[MrMarkyMark]

Blimey, if there was an award for CUK Bedwetter Of the Year, the OP would walk it

[VillageContractor]

Phone in sick? Don't turn up? You don't seem to care about your reputation with the company.

If you've not got paid yet then make your time sheets have been signed etc

[pr1]

now the work has dried up each day is just sit there amuse yourself then go out to lunch on time & go home on time.

sounds like you're gonna get paid for 8 days of job seeking, better than doing it for free

[TheBA]

I was not given an option on my notice I was told in a contractual basis manner as in your contract says this so this is what you must do. Only after this client meeting did I look into the small print & see it says days not working or calendar.

You need to think about holding the cards, or at least one card. Why would you not read 'the small print' before you quit? It's the legal basis of you providing the service!
Do some prep next time

[northernladuk]

You are getting so upset you are starting to make mistakes. They are your client but you have no contractual agreement with them. Your contract is with the agent. Going in and moaning to HR (I mean... HR? Really?) is not very smart. And it's not highly illegal at all.

You are starting to make yourself look a bit of a eejit now to be honest.

You've served notice as is your right so just be professional and see it out. Acting like a cock won't help. Just be thankful it's only 8 days.

[uk contractor]

So negotiate. If the project is over they might want rid and everyone is happy with no need to worry about it on here.

They do not want to negotiate going to go straight to HR tomorrow its a ridiculous situation now the work has dried up why keep someone for almost 2 weeks & pay them if no work & they are keen to move on from an untenable situation.

They are also hiring replacements @ £1000 per month less (the real reason they do not want to allow an early termination methinks!!). Highly illegal obviously but proving it is something else altogether.

[northernladuk]

I was not given an option on my notice I was told in a contractual basis manner as in your contract says this so this is what you must do. Only after this client meeting did I look into the small print & see it says days not working or calendar.

It's not small print. It's your contract. Notice periods are a pretty fundamental part of a standard contract.

As a reference from this client would be worthless as they do not give them anymore to anyone its to them a box ticking exercise to me 5 days would seem like 5 years even 1 day would seem like a month now the work has dried up each day is just sit there amuse yourself then go out to lunch on time & go home on time.

You don't get references from clients. You just give the agents details who confirms the dates you worked and nothing else.. The rest? Man up. It's a week and a bit for Christ sake.

[uk contractor]

I would have thought calendar days but wasn't this discussed when you handed your notice? Did you not confirm a last day as a part of it?

As for not working it, stick to your professional day and nothing more if that's how you feel it's only 5 days. (assuming the bank holiday counted as a day)

I was not given an option on my notice I was told in a contractual basis manner as in your contract says this so this is what you must do. Only after this client meeting did I look into the small print & see it says days not working or calendar.

As a reference from this client would be worthless as they do not give them anymore to anyone its to them a box ticking exercise to me 5 days would seem like 5 years even 1 day would seem like a month now the work has dried up each day is just sit there amuse yourself then go out to lunch on time & go home on time.

[northernladuk]

So negotiate. If the project is over they might want rid and everyone is happy with no need to worry about it on here.

[uk contractor]

You should read it/assume as being 8 working days if you haven't clarified it, which is only 3 extra days than 8 calendar days, so not too disastrous ? Have you tried to agree an earlier exit date with your client ?

(oh and watch out for being advised to 'move on' (to next post), which seems to be a more regular response these days on these boards...)

The contract just says only days not working or calendar either I assume that is open to legal interpretation either way. 8 working days there is not something I wish to entertain they can keep the money I would rather move onto somewhere more appreciative of my efforts than help the client so they can tick all the boxes on their project plan!!

[uk contractor]

If the contract is ending isn't that them serving notice on you?

Have you asked your agent who your contract is with?

Agent is worthless he was not even going to tell me too busy looking to fill contracts elsewhere to even bother with me despite making 25% on this contract due to him inflating his side of things to the client. He promised to get back to me last week & now he is not taking my calls so I guess that tells me the answer he wants to give.

[SueEllen]

Please be gentle here I am not looking for sympathy just helpful advice from fellow contractors:

3 months into a 9 month contract I get told early last week the contract is ending & handed my notice period which is 8 days. I do not want to work the 8 days I feel the client has been unfair & underhand in getting me to work extra hours\days to cover for the weak managers being unable to manage their other staff (perm & contractors).

Unfortunately contracting like life isn't fair. Many companies treat workers and smaller suppliers like sh*t so always work the amount you are happy with not to cover some idiot manager's back.

Anyway my contract specifically states 8 days notice but it does not mention anywhere that these days are working days.

Can I assume that the 8 days are 8 calendar days or would the legal definition be 8 working days as its on a contract?

If your contract refers mainly to working days then it's working days, if your contract refers mainly to calendar days then it's calendar days and if it uses a complete mixture then you need to ring the agent.

Also for future reference read the contract properly before you sign it, and make sure it is clarified when it mentions days for every single clause whether they are working or calendar.

[northernladuk]

If the contract is ending isn't that them serving notice on you?

Have you asked your agent who your contract is with?

[TheBA]

Please be gentle here I am not looking for sympathy just helpful advice from fellow contractors:

3 months into a 9 month contract I get told early last week the contract is ending & handed my notice period which is 8 days. I do not want to work the 8 days I feel the client has been unfair & underhand in getting me to work extra hours\days to cover for the weak managers being unable to manage their other staff (perm & contractors).

Anyway my contract specifically states 8 days notice but it does not mention anywhere that these days are working days.

Can I assume that the 8 days are 8 calendar days or would the legal definition be 8 working days as its on a contract?

Sorry I searched but could not find anything similar.

I would have thought calendar days but wasn't this discussed when you handed your notice? Did you not confirm a last day as a part of it?

As for not working it, stick to your professional day and nothing more if that's how you feel it's only 5 days. (assuming the bank holiday counted as a day)