Reply to: Contract Termination Notice Period

[TheFaQQer]

Yes I think it could count as being detrimental.

However family/personal issues etc. are all reasons for sickness. The client will probably terminate the contract for some reason other than that (as they are entitled to do), so the agent would couldn't claim that?

So what you want to do is to act so unprofessionally that the client terminates your contract, so you can walk to something else. Good plan.

What you want to hear is that it's fine to walk and don't worry about it, so it's fine to walk and don't worry about it.

[Axe1974]

Assuming this is genuine...

If you take sickies, just don't turn up, walk out the door, do you think that would count as "conduct detrimental to the Ageny or the Client."???

Yes I think it could count as being detrimental.

However family/personal issues etc. are all reasons for sickness. The client will probably terminate the contract for some reason other than that (as they are entitled to do), so the agent would couldn't claim that?

[TheFaQQer]

Basically these are what the Contractor agrees to do....

Not to engage in any conduct detrimental to the Ageny or the Client.

To be present during the times or for the total number of hours as may be agreed with the Client.

Cooperate with the Client, follow rules applicable to their own staff.

Not to subcontract to any third party.

Notify agency if contractor becomes insolvent, dissolved etc.

Comply with VAT & Companies Acts.

Assuming this is genuine...

If you take sickies, just don't turn up, walk out the door, do you think that would count as "conduct detrimental to the Ageny or the Client."???

You can't use a substitute, so I'd bet that there isn't anything in there about MOO either, so chances of you being able to get out easily from this employment seem slim.

[Axe1974]

Basically these are what the Contractor agrees to do....

Not to engage in any conduct detrimental to the Ageny or the Client.

To be present during the times or for the total number of hours as may be agreed with the Client.

Cooperate with the Client, follow rules applicable to their own staff.

Not to subcontract to any third party.

Notify agency if contractor becomes insolvent, dissolved etc.

Comply with VAT & Companies Acts.

[TheFaQQer]

The only relevant clauses are around termination, no mention of breach of warranty or conditions - something along the lines of failure by the contractor to give notice of termination as per the assignment confirmation note shall constitute a breach of contract, then they are entitled to claim for any costs incurred.

It's not just about the termination - your question was whether if you took holiday, sick days, didn't bother turning up, whether the agency could take any action against you. It's what the contract says about what your company is expected to do, and what they are expected to receive in return. The contract won't lay out what is a warranty and what is a condition - that would be for a court to determine.

If the agency took legal action, then there is a range of things that they could pursue, although whether any of them are likely to win or not is a different matter. to quote Edmund Davies LJ in The Mihalis Angelos case

"One must look at the contract as a whole, and if it is clear that the innocent party has lost nothing, he should recover no more than nominal damages for the loss of his right to have the whole contract completed."

If you are looking to breach the contract then I would

• determine whether your actions consititute a breach of contract or not
• if they do, then determine whether they are a breach of warranty or a breach of conditions
• then determine what liabilities you could be exposing your company and yourself to

Only once you have a clear picture of those can you really be in a position to determine whether playing sick is the smartest action to take.

[Axe1974]

The only relevant clauses are around termination, no mention of breach of warranty or conditions - something along the lines of failure by the contractor to give notice of termination as per the assignment confirmation note shall constitute a breach of contract, then they are entitled to claim for any costs incurred.

[TheFaQQer]

I agree the best option is to sit down with the client and discuss.

TheFaQQer - thanks for your options, out of interest, lets say a contractor started taking loads of holiday, sick days, not turning up etc. and was working on another contract at the same time, then the agent/client became aware of this, could they sue for not fulfilling their contract due to you working on another?

So, we're getting close to finding out why you need to terminate ASAP....

The client can't do anything - you don't have a contractual relationship with them.

The agency can only do anything if you have breached the contract, and the course of action depends on whether it's a breach of warranty or a breach of conditions. So, what does the contract say??

[Axe1974]

I agree the best option is to sit down with the client and discuss.

TheFaQQer - thanks for your options, out of interest, lets say a contractor started taking loads of holiday, sick days, not turning up etc. and was working on another contract at the same time, then the agent/client became aware of this, could they sue for not fulfilling their contract due to you working on another?

[AnonAgent]

Or jus talk to the client and be honesT? If you have a genuine reason then most clients are forgiving and will let you leave. Contractors are expensive. Unhappy contractors are a waste.

If it is because you have found a contract with a higher rate then they will be less likely to let you leave early.

[TheFaQQer]

You could get a substitute in, assuming you have a decent sub clause.

You could just refuse the work, assuming that you have a decent MOO clause.

You could take a lot of holiday.

You could just not turn up.

You could ask the agency where the missing information is.

You could break the contract and face any consequences.


You could not legally break the contract and say "I assumed that I could give a week's notice as that's what I normally have", to which the agency response would be "You assumed wrong - it's no notice, as that's what we normally have" or similar.

[Axe1974]

GB9 - thanks, when I have seen contracts with no notice period before that has been explicitly stated.

[GB9]

Contracts in which I have not been able to give notice have clearly stated so.

However, as mentioned above, if you really need to leave could you not have a conversation with the client and come to some arrangement. Whilst they may well be peed off, most people are reasonable and if circumstances are such, you should be able to reach an arrangement.

[kingcook]

Just to be clear the contract is not a pure B2B contract

Is this a contract of employment? (and if it is, why are you posting to a contractor forum?)

[Axe1974]

Thanks cojak.

Just to be clear the contract is not a pure B2B contract, it doesn't state I have no notice period and have to stay for the duration. It refers to a piece of information that should be detailed in a separate cover note, but isn't.

Therefore does this not imply a notice period exists, and I believed that in good faith to be the usual one week?

[cojak]

Contract Termination Notice Period

If there's no notice period it means there's no notice period - you're there till contract end.

Of course you can still walk. While the agent could sue for breach of contract they probably won't, you will just have burnt your bridge with that client.

If you have to leave, why don't you just explain why? Family emergencies always happen and although he won't be happy he may understand.