Reply to: Dealing with notice periods

[Old Greg]

At Barclays? I don't think so. It was in the contract but reality would be a very different thing.

So you keep trying to send a subbie until they terminate your contract. Job's a good 'un.

[northernladuk]

RoS clause?

At Barclays? I don't think so. It was in the contract but reality would be a very different thing.

[Old Greg]

Are you sure it wasn't a change in client policy? I remember when I was at Barclays we had the ability to give 4 weeks notice but at some point they changed to no notice because the rates weren't good and people were just using them as a stop gap between contracts and dumping them for a better rate. Ended up with me able to give notice and the contractor next to me not being able to as per your situation. Totally a client choice and nothing to do with the agency and in this case there was zero negotiation. However much you hassled the agency they couldn't change it.

RoS clause?

[northernladuk]

I was offered a contract with no ability to give notice on my side (but 2 weeks the other way), but I refused and suggested 4 weeks. The agent made a big deal about going back to the client and asking, and it was agreed 4 weeks.

I found out later that everybody at ClientCo. had to give only 2 weeks notice, and they did the same for contractors - as I found out from a couple of other contractors through the same agent. So it was just the agent lying (shock horror!). I think the reason was that there was another contractor hired for the same job who just didn't show up on the first day (was it one of you?), so with me the agent was covering himself.

Are you sure it wasn't a change in client policy? I remember when I was at Barclays we had the ability to give 4 weeks notice but at some point they changed to no notice because the rates weren't good and people were just using them as a stop gap between contracts and dumping them for a better rate. Ended up with me able to give notice and the contractor next to me not being able to as per your situation. Totally a client choice and nothing to do with the agency and in this case there was zero negotiation. However much you hassled the agency they couldn't change it.

[SueEllen]

I was offered a contract with no ability to give notice on my side (but 2 weeks the other way), but I refused and suggested 4 weeks. The agent made a big deal about going back to the client and asking, and it was agreed 4 weeks.

I found out later that everybody at ClientCo. had to give only 2 weeks notice, and they did the same for contractors - as I found out from a couple of other contractors through the same agent. So it was just the agent lying (shock horror!). I think the reason was that there was another contractor hired for the same job who just didn't show up on the first day (was it one of you?), so with me the agent was covering himself.

On a couple of roles I've had in the past 3 years there have been contractors who haven't shown up on the first day.

One contract had no notice period* while the other did so I don't think that's the problem.

What I noticed with the 2 agencies involved is they had a very poor attitude in getting their tulipty contracts changed.

*This wasn't true as if you wanted to go the client would let you.

[VectraMan]

I was offered a contract with no ability to give notice on my side (but 2 weeks the other way), but I refused and suggested 4 weeks. The agent made a big deal about going back to the client and asking, and it was agreed 4 weeks.

I found out later that everybody at ClientCo. had to give only 2 weeks notice, and they did the same for contractors - as I found out from a couple of other contractors through the same agent. So it was just the agent lying (shock horror!). I think the reason was that there was another contractor hired for the same job who just didn't show up on the first day (was it one of you?), so with me the agent was covering himself.

[psychocandy]

You've got a family to support. Do what you have to do and don't worry about what they think at the end of it. You may end up there for the duration and glad of the work.

Agree with this bit. Got to think of yourself.

[Old Greg]

Hopefully not but I'd rather get it sorted contractually in advance if possible.

No, no, no. You don't tell them your plan.

You already have it sorted out contractually, as I said before. You want to tell them you plan to do the dirty with them AND for it be contractually above board AND to stay on good terms at the end.

You've got a family to support. Do what you have to do and don't worry about what they think at the end of it. You may end up there for the duration and glad of the work.

[eek]

I'm betting the notice period is going to be as above. Any suggestions on how to negotiate this? Or is it just dig in heels and refuse to sign otherwise?
Don't want to make it look like I'm going to bail at the first opportunity but would like equal flexibility.

Ask, ask again then decide whether to accept or to stay on the bench being a

Oh and this is hardly a question for a professional forum.....

[DirtyDog]

Correct of course but would go down like a lead balloon. Yet to see a client/agency who would not go nuts over this sort of thing.

If it's a crap client / role, then why worry what they think?

You know that there are ways out, just be prepared to use one if you want / need to.

[b0redom]

FFS. If you don't intend to finish the contract, why start it?

If you just want it as a short term gig until something else comes along, what does it matter what the client thinks? Just exercise your RoS or invoke MOO and say, "I'm going to be unavailable."

Alternatively if and when it comes down to it, speak to the client contact and say, "Sorry but something else has come along, I don't want to leave you in the lurch so....." No one wants to keep a hostile employee/subcontractor.

If you're that scared, then just 'break a leg' making you unable to travel. I know a guy who did this once, and the end client sent him some flowers and a get well soon card. True story.

[psychocandy]

Yes, but we've established you plan to drop them in the tulip, so we need to explore how. A contractor colleague did this a month ago. It was shrugged off.

Hopefully not but I'd rather get it sorted contractually in advance if possible.

[Old Greg]

Correct of course but would go down like a lead balloon. Yet to see a client/agency who would not go nuts over this sort of thing.

Yes, but we've established you plan to drop them in the tulip, so we need to explore how. A contractor colleague did this a month ago. It was shrugged off.

[psychocandy]

Sign the contract.

When you need to bail, tell them you will be unavailable for work from two weeks time for two weeks. Then give one month's notice.

Correct of course but would go down like a lead balloon. Yet to see a client/agency who would not go nuts over this sort of thing.

[Zero Liability]

Why do you expect a notice period? What do you hope to get from a notice period if the client tells you there is no more work for you?

Ultimately, notice periods are nothing more than a courtesy. Client isn't obliged to provide you with work on any given day so all a notice period gives you is some advance notice that the contract is going to end. Client could just stop giving you work from the moment they give you notice so the length of the period - which means you don't get paid. Doesn't seem to really matter, does it?

(all of the above assuming you're working outside of IR35)

This is pretty much how the client I deal with treats it, the notice period is only there for project planning and as a courtesy (on both ends, although of course no show, no pay), and there are provisions for terminating the contract on the spot, if expectations are not met, which they do.