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Reply to: Notice Period Clarification
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Previously on "Notice Period Clarification"
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Sometimes, as a contractor, you really have to understand the basics of contract law!!
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Originally posted by Weltchy View PostIf the contract doesn't state other work locations except for Reading, doesn't that mean they are in breach of contract anyway?
If you are faced with a breach of contract you need to make it very clear that it is a breach and ask for a remedy before you take action yourself. And to ensure that the other party can't deny you asked for it to be resolved you need to write to them more than once.
At the moment all it looks like is that the OP decided that he wanted to end the contract and has done so.
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Originally posted by Mr.Whippy View Post...
ps. Please don't post things as "**URGENT**"... It's pointless as it wont make people look/reply any quicker
In fact, it might well make people less likely to respond, as it is generally considered to be quite rude.
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If the contract doesn't state other work locations except for Reading, doesn't that mean they are in breach of contract anyway?
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If you really want out, do you have a 'Right of Substitution' clause in your contract? If so, enforce it, which I am sure they will find unsatisfactory and then terminate your contract. There is a reasonable possibility that the agency's contract with the client does not contain this clause, so they will have some explaining to do to their client.
You will p1ss perople off with this, but there you are.
OG
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However if the contract also says that you work at the reading office then they can't make you go to the others...
So refuse to do it.
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Your mistake is the word "Interpretation".
Contracts should not be open to interpretation, they are there to form the basis of an agreement which is black and white.
At the time, you should have CHECKED your contract, and this whole situation could have been avoided.
That said, if you have this exchange recorded on email, then you might have a leg to stand on.
If your contract says that you must see it through to the end, then I'm afraid that's what the contract says, and you then have two choices. Either bite the bullet (you're an interim, travel is to be expected) and see the contract through, or risk legal action for breach of contract.
LESSON: READING YOUR FRIKKING CONTRACTS BEFORE SIGNING THEM!!!!
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Originally posted by Going Strong View Postit actually states in your contract that you have to complete the contract to the end
What is the exact wording in the contract?
ps. Please don't post things as "**URGENT**"... It's pointless as it wont make people look/reply any quicker
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Originally posted by k2p2 View PostIf the contract states "no notice period" then that is ambiguous and therefore unenforceable. Do you have emails confirming that this is what you were told?
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Originally posted by Going Strong View PostHi All
Just needed some advice from you all if you dont mind.
I started my current gig in the end of May for 4 months based in berkshire, after one month the team were sent on a weekly rotating basis to our other sites which are in scotland and manchester which wasnt in the terms i signed with the agent, os on this offer i relacated to berkshire as im originally from London.
I had confirmation from my agent 3 days ago about what my notice period was here and he confirmed that there was no notice period on eitherside, and my interpritation of this was that i had the green light to look elsewehre as they reduced the contract dates by two weeks for us all so just to ensure im in work through to xmas i started looking for my next gig.
I managed to secure the next contract after a 1 day turn around which is quite quick in my view but it means im now living back at home and get to see my wifey on a daily and the money was the same.
I called the agent and said to him im giving in my notice now and ill finish on Tuesday, this was after i just notified my line manager (also a contractor) and he was fine with it and understood my position as i wasnt aware we would be working so far from base office so frequently.
In my defence I am a newly wed and i am renting in berkshire at £550 a month so to be sent around the UK offices which wasnt explained prior to signing the contract I found was quite unfair.
So... i spoke to the agent to notify him of all this and he says to me
"although i told you that you had no notice period eitherside it actually states in your contract that you have to complete the contract to the end"
I was livid and asked why he failed to expand on the terms when he called me back.... when i first asked him about the notice period 3 weeks ago he said he will look into it as it wasnt clear in the contract.
There are 3 of us who were unsure of notice periods so i clearly wanted some clarity before i moved on.
Is there such a thing as "No Notice Period?" meaning were not allowed to give any notice?
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Notice Period Clarification
Hi All
Just needed some advice from you all if you dont mind.
I started my current gig in the end of May for 4 months based in berkshire, after one month the team were sent on a weekly rotating basis to our other sites which are in scotland and manchester which wasnt in the terms i signed with the agent, os on this offer i relacated to berkshire as im originally from London.
I had confirmation from my agent 3 days ago about what my notice period was here and he confirmed that there was no notice period on eitherside, and my interpritation of this was that i had the green light to look elsewehre as they reduced the contract dates by two weeks for us all so just to ensure im in work through to xmas i started looking for my next gig.
I managed to secure the next contract after a 1 day turn around which is quite quick in my view but it means im now living back at home and get to see my wifey on a daily and the money was the same.
I called the agent and said to him im giving in my notice now and ill finish on Tuesday, this was after i just notified my line manager (also a contractor) and he was fine with it and understood my position as i wasnt aware we would be working so far from base office so frequently.
In my defence I am a newly wed and i am renting in berkshire at £550 a month so to be sent around the UK offices which wasnt explained prior to signing the contract I found was quite unfair.
So... i spoke to the agent to notify him of all this and he says to me
"although i told you that you had no notice period eitherside it actually states in your contract that you have to complete the contract to the end"
I was livid and asked why he failed to expand on the terms when he called me back.... when i first asked him about the notice period 3 weeks ago he said he will look into it as it wasnt clear in the contract.
There are 3 of us who were unsure of notice periods so i clearly wanted some clarity before i moved on.
Is there such a thing as "No Notice Period?" meaning were not allowed to give any notice?Tags: None
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