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Previously on "Notice Period Clarification"

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  • Mustang
    replied
    Sometimes, as a contractor, you really have to understand the basics of contract law!!

    Leave a comment:


  • SueEllen
    replied
    Originally posted by Weltchy View Post
    If the contract doesn't state other work locations except for Reading, doesn't that mean they are in breach of contract anyway?
    It does if the OP bothered to protest in WRITING in the first place instead of meekly agreeing with it.

    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.

    Leave a comment:


  • NotAllThere
    replied
    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
    And it goes out of date quite quickly. So I've edited the title.

    In fact, it might well make people less likely to respond, as it is generally considered to be quite rude.

    Leave a comment:


  • Weltchy
    replied
    If the contract doesn't state other work locations except for Reading, doesn't that mean they are in breach of contract anyway?

    Leave a comment:


  • Old Greg
    replied
    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

    Leave a comment:


  • Boo
    replied
    Originally posted by Going Strong View Post
    I was livid and asked why he failed to expand on the terms when he called me back
    Well, honey, why didn't you read the f****** thing ?

    Boo

    Leave a comment:


  • blacjac
    replied
    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.

    Leave a comment:


  • The Agents View
    replied
    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!!!!

    Leave a comment:


  • Mr.Whippy
    replied
    Originally posted by Going Strong View Post
    it actually states in your contract that you have to complete the contract to the end
    Is this bit true/correct? Because if it is, there is your answer.....

    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

    Leave a comment:


  • norrahe
    replied
    Originally posted by k2p2 View Post
    If 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?
    Also did you get your contract checked before you signed it? Have you re-read it to find the item whereby it specifies that you complete said contract and must work to the end??

    Leave a comment:


  • mudskipper
    replied
    Originally posted by Going Strong View Post
    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?
    If 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?

    Leave a comment:


  • Going Strong
    started a topic Notice Period Clarification

    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?

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