Reply to: Notice Period

[radish2008]

He must be completely thick as well as an arse to get sued as a permie.

He was. The irony was that he was DESPERATE to be a contractor. So desperate that he gave a week's notice against the three months he should have. IT Director was pissed and they threatened him with legal action unless he settled. Don't know what the amount was that he paid but he'd done the same thing within 6 months of starting contracting.

[SueEllen]

I know a guy who was sued for breach (notice period) as a permie and settled. Jumped his first contract and was sued again and settled. He was an arse though.

He must be completely thick as well as an arse to get sued as a permie.

[LondonManc]

It's always struck me as being unengageable when you're working in a niche industry as a bigger risk than being sued. A one off hit versus your whole future, not worth it it to not exit cleanly.

[northernladuk]

I know a guy who was sued for breach (notice period) as a permie and settled. Jumped his first contract and was sued again and settled. He was an arse though.

I've seen a contractor just disappear on a gig. Went home Friday, never turned up again. No notice, nothing. Appeared in another gig on Linkedin. Must have gotten very serious as he contacted a fellow contractor for help with a story to warrant him just leaving. Never heard what actually happened in the end but both the client and agency were gunning for him big time. He was an arse as well funnily enough.

The thing is, being sued is the very end of a long and difficult chain for all parties. I would imagine the number of people actually sued where there were grounds to do so are tiny but what we don't see is how it was resolved before getting that far.

We've seen more than enough people on here complaining the agency won't pay them their owed monies when they breach and I can imgaine a good majority of them never saw it. So no, i've never seen anyone sued but didn't expect to. I'll bet we've seen plenty that have lost noteable sums of money for doing it though.

[radish2008]

For leaving early - nope.

For other things - yep. In the cases I know they were settled long before it got to a court room.

There is no point in companies taking workers regardless of employment status to court due to the cost. Any revenge that they want to extract is done through writing a reference in industries where references are required.

I know a guy who was sued for breach (notice period) as a permie and settled. Jumped his first contract and was sued again and settled. He was an arse though.

[SueEllen]

Side question, has anyone here actually been done for breech of contract? Ive never met anyone who has, or anyone who knows anyone who has.

For leaving early - nope.

For other things - yep. In the cases I know they were settled long before it got to a court room.

There is no point in companies taking workers regardless of employment status to court due to the cost. Any revenge that they want to extract is done through writing a reference in industries where references are required.

[Snarf]

Only just seeing this now, I'm interested to find out what the outcome was?

Personally I'd have told the client the circumstances, told them that under those circumstances I'd be unavailable in two weeks rather than the contractual 4 (I'd probably have said one week or less if it was me).
If they were ok with it good, if like your client they were not then its quite simple, I'd be going anyway. I'd make sure that the correspondence was in writing explaining the circumstances and detailing your offer to expedite the handover etc.

Technically its a breech of contract but realistically are they going to take you to court over it? Is it really worth anyones time? The only reason I can think for that would be if you not being there had some knock on financial effect.

Worst case, if the client is being that arsey and you think they might sue you tell your accountant to wind up the company and set up a new one in a few months, if you (Your companies only employee) are unavailable then your company cannot function. (Get advice on that first of course, I am after all just some random guy on the internet)



Side question, has anyone here actually been done for breech of contract? Ive never met anyone who has, or anyone who knows anyone who has.

[jmo21]

Tbh when I read this my first thought was we hear this type of thing a lot on here

[psychocandy]

Exactly, I've heard certain people on here (who love a bit of JSA) suggesting one rings in sick to get out of a notice period but never to pretend that a loved one is ill, thats out of order, a bit like a bloke who claims his grandad has died every year and his funeral always happens to be on the day of the grand national

Me? Nah I've never done it.

[SlipTheJab]

Don't remember seeing it on here and we've seen all bloody sorts of stuff on here.

Exactly, I've heard certain people on here (who love a bit of JSA) suggesting one rings in sick to get out of a notice period but never to pretend that a loved one is ill, thats out of order, a bit like a bloke who claims his grandad has died every year and his funeral always happens to be on the day of the grand national

[northernladuk]

Doesn't necessary mean that it is not well known does it ?

Don't remember seeing it on here and we've seen all bloody sorts of stuff on here.

[kaiser78]

So well known that I've never heard of it before, any agent that told me to do that to get me to leave early and work for him would be told to shove it

Doesn't necessary mean that it is not well known does it ?

[SlipTheJab]

sorry to hear about your niece.

One chap on our team had a higher paying contract offer, the new agent advised him to tell existing client/agent he had a sick relative he was leaving to look after and could he go in 2 week rather than 4

Boss said no problem, he could go today. He was sick as a parrot for losing 4 weeks money (PES took 4 weeks rather than 2) the difference his new contract would not make up in a year

Well known tactic for jumping contract early

So well known that I've never heard of it before, any agent that told me to do that to get me to leave early and work for him would be told to shove it

[tarbera]

sorry to hear about your niece.

One chap on our team had a higher paying contract offer, the new agent advised him to tell existing client/agent he had a sick relative he was leaving to look after and could he go in 2 week rather than 4

Boss said no problem, he could go today. He was sick as a parrot for losing 4 weeks money (PES took 4 weeks rather than 2) the difference his new contract would not make up in a year

Well known tactic for jumping contract early

[Contreras]

Thanks to everyone who has responded with suggestions.
I have already handed in my notice. When I did that, I asked for flexibility and have been told the client will not be flexible. I've spent this week handing over my work to a couple of colleagues. I've got until the 6th January according to my contractual notice. I'm keeping my head down trying to get on with things. The agency is telling me that they are looking into the legal aspect of my being 'off sick' whilst on my notice period so that if I tell them I am unfit to work due to my family circumstances, there are no legal consequences. Ideally I would like to end the contract next Friday. The client has already imposed a week's leave after that.

Sorry to hear your news.

You are lucky the agency is being (or appears to be) supportive. But it is you that should be calling the shots.

Based on the facts as presented, IMHO, get a signed timesheet for the week just gone and WALK.

Ensure that the "colleagues" whom you do have a good relationship with have your contact details and be prepared to do some 'free' support by phone/email/text.

Let them know enough detail that you're not seen as the villain despite what their boss may say, and so informal channels are kept open despite what their boss may say. If they don't hate him already they will do, eventually.