Reply to: Best ways of NOT work you notice?

[kingcook]

Are you trolling?
Or are you really that stupid?

It was a joke based on this thread:
http://forums.contractoruk.com/busin...ntractors.html

[northernladuk]

If you have such a clause how about just exercising MOO (or the absence of it)? Clients have been known to come up with "Actually we've got nothing for you next week, don't come in", as much as our companies are capable of saying "Sorry, Joe isn't going to be available from Week a to z" you can also give notice.

Where you are correct in the process (also covered by TheFaQQer in the second post) this isn't MoO. MoO is about offering work after the current contract has ended. Not doing work if there isn't any and not getting paid is just basic operation. I think the fact the client is throwing a fit here is tells us that won't work though lol.

MyCo does not have a termination clause for its main contract, but it can decide whether to accept any work during the contractual dates. If I no longer wanted to work at that client it can arrange a subbie, or just refuse work for the remainder of the duration. Equally client can do the same or just bin the contract. No need for talk of holiday, sickies, or whatnot.

Can't expect to get paid for it though! Unless you've got some mad bonus on termination clause.

Are you absolutely sure about this bearing in mind what I just said about MoO? If you are relying on your MoO clause to not accept this work and avoid a breach of contract you could be sorely disappointed (and out of pocket).

We have had a number of discussions about notice being meaningless as clients can ask you not to work at anytime they feel like it which would lead you to think you can do the same the other way. I am sure this needs looking in to in more detail to see if this is actually the case. The law will be on the clients side as there in no work to do so naturally no pay. This is completely different to you just stating you don't want to do what you are contractually obliged to do. I guess it would come down to case law as it is so grey.

[northernladuk]

Of course it's unprofessional. But he'd probably get away with it and that's what he wants.

Rather annoyingly he probably would. Would be a great shame if he was the one for which 'probably' didn't work though

[Old Greg]

It wouldn't change a thing though, it is just an unprofessional way of not having to face the client. It could still be argued it was a breach of contract as he hasn't worked his notice. If they wanted to follow it up the courts would see through this as well.

What he should really do is just man up, deal with it and then move on. Nothing more simple than that.

To be honest, there is nothing stopping him doing this but it won't achieve anything. The heat from this won't be any less whatever it is. All he is doing is just not having to face his responsibilities. Won't make a different to how the client deals with the situation. Why not just be honest and tell them you are not coming in. It's more down to self respect and professionalism really.

Of course it's unprofessional. But he'd probably get away with it and that's what he wants.

[northernladuk]

The OP is trying it on - we all know it. This is about how he can get away with it. If he would get away with being genuinely sick, he should be able to get away with pulling a sickie.

It wouldn't change a thing though, it is just an unprofessional way of not having to face the client. It could still be argued it was a breach of contract as he hasn't worked his notice. If they wanted to follow it up the courts would see through this as well.

What he should really do is just man up, deal with it and then move on. Nothing more simple than that.

To be honest, there is nothing stopping him doing this but it won't achieve anything. The heat from this won't be any less whatever it is. All he is doing is just not having to face his responsibilities. Won't make a different to how the client deals with the situation. Why not just be honest and tell them you are not coming in. It's more down to self respect and professionalism really.

[IRMe]

If you have such a clause how about just exercising MOO (or the absence of it)? Clients have been known to come up with "Actually we've got nothing for you next week, don't come in", as much as our companies are capable of saying "Sorry, Joe isn't going to be available from Week a to z" you can also give notice.

MyCo does not have a termination clause for its main contract, but it can decide whether to accept any work during the contractual dates. If I no longer wanted to work at that client it can arrange a subbie, or just refuse work for the remainder of the duration. Equally client can do the same or just bin the contract. No need for talk of holiday, sickies, or whatnot.

Can't expect to get paid for it though! Unless you've got some mad bonus on termination clause.

[Old Greg]

They would be able to provide a doctors note to back it up. Simples

And he could supply it to his immediate employer. But company confidentiality policy would prevent it being passed onto any clients.

[psychocandy]

The OP is trying it on - we all know it. This is about how he can get away with it. If he would get away with being genuinely sick, he should be able to get away with pulling a sickie.

EXACTLY!

And no need for doctors note.

[Old Greg]

Stop stirring you lol.....

The OP is trying it on - we all know it. This is about how he can get away with it. If he would get away with being genuinely sick, he should be able to get away with pulling a sickie.

[eek]

So what if someone is genuinely sick for the last two weeks of their contract?

They would be able to provide a doctors note to back it up. Simples

[northernladuk]

So what if someone is genuinely sick for the last two weeks of their contract?

Stop stirring you lol.....

[psychocandy]

Man, do you not think before you type ffs.

So you are comparing a situation where someone is genuinely sick but still intends to come back to work with one where someone is lying through the back of their teeth just because they are too spineless to deal with the situation in order to breach contract.

Yeah, really comparable they are. Bit too much sun today?

Maybe LOL :-)

[Old Greg]

Man, do you not think before you type ffs.

So you are comparing a situation where someone is genuinely sick but still intends to come back to work with one where someone is lying through the back of their teeth just because they are too spineless to deal with the situation in order to breach contract.

Yeah, really comparable they are. Bit too much sun today?

So what if someone is genuinely sick for the last two weeks of their contract?

[northernladuk]

I disagree. Not saying its the right option at all but if the OP is intent on leaving it would be the less hassle option.

OK. So if you are genuinelly sick what happens then? Hardly breach of contract....

Man, do you not think before you type ffs.

So you are comparing a situation where someone is genuinely sick but still intends to come back to work with one where someone is lying through the back of their teeth just because they are too spineless to deal with the situation in order to breach contract.

Yeah, really comparable they are. Bit too much sun today?

[psychocandy]

IMO both of these are utter crap.

1) It will be very easy to prove breach of contract. Contract is still running.. he isn't there.. Proved. Not difficult huh
2) Are you sure about this? Loses can also include losses going forward while a replacement is found and if the OP was doing a key piece of work that affects the clients business it could get eye wateringly expensive.

The reason they won't take it legal is it just isn't worth their while. They have business to be run and in the long run would probably be cheaper to forget it and get on with making money. I would not take this for granted though. I am sure there are plenty of companies that have followed this up on principle or they believe the losses are big enough.



Be even more pissed off with your attitude and continue with breach of contract actions. Pulling a sickie doesn't get you out of anything. Just makes you look stupid.

Saying that, with your attitude to clients and your business it is hardly surprising you think this is a good option.

I disagree. Not saying its the right option at all but if the OP is intent on leaving it would be the less hassle option.

OK. So if you are genuinelly sick what happens then? Hardly breach of contract....