Do I have to serve my notice period in my contract?

[Johnson]

Hi,
My current contract states that I must serve 2 weeks notice once I terminate it. I'm in a situation where I am not able to go back to the office. Where do I stand if I terminate the contract but don't serve the notice period? Am I liable for any costs or legal action as a result of not completing the notice.

FYI I have only recently started this contract so there will be little impact to me leaving in terms of deliverables. It will just cause a delay in terms of recruiting again.

[captainham]

Hi,
My current contract states that I must serve 2 weeks notice once I terminate it. I'm in a situation where I am not able to go back to the office. Where do I stand if I terminate the contract but don't serve the notice period? Am I liable for any costs or legal action as a result of not completing the notice.

FYI I have only recently started this contract so there will be little impact to me leaving in terms of deliverables. It will just cause a delay in terms of recruiting again.

First post: welcome. As you can probably imagine, this comes up a lot.

Tips on searching the forum are here:
http://forums.contractoruk.com/welco...uk-forums.html

And here's a starter for ten:
Let me google that for you

[Johnson]

Hi,

I tried a google search before and just checked the results from your one but couldn't find the response I wanted, hence to post here.

Anyone, any info on this would be appreciated.

[captainham]

Try searching again but this time for "moo notice period".

MOO is mutuality of obligation, which is hopefully in your contract (or more precisely a stated lack of MOO) as far as IR35 considerations go.

There are many arguments around MOO, but in a nutshell, no MOO means you can hand in notice then tell the client you're not available to work any of the days in that notice period (in the same way they could technically do the same to you). It basically renders notice periods invalid.

But whether or not you want to go down that route depends on how happy you would be to potentially burn your bridges with your client (and maybe agency, but I'm sure they'll get over it if there's more money to be made from you in the future).

And if got really nasty, they could try and take it legal (even if it failed/is legally a total non-starter, it would still be a hassle for a while). I doubt it would come to that though, it's more about the burning bridges issue.

You also need to check your contract carefully...there could well be some terms in there about having to pay some sort of compensation if you terminate early. There was a recent post on here about that too: http://forums.contractoruk.com/accou...ce-period.html

[Johnson]

Thanks for the help

[Zero Liability]

You also need to check your contract carefully...there could well be some terms in there about having to pay some sort of compensation if you terminate early. There was a recent post on here about that too: http://forums.contractoruk.com/accou...ce-period.html

Yes, payment in lieu of notice (PILON).

[SpontaneousOrder]

Check your contract for other stupid stuff too - mine contains (until i get it altered when I get boomed next week) a clause in the client specific addendum which states that I need written permission from the client to take any holiday, thereby blowing out of the water the RoS & MoO clauses in one fell swoop. Although i'm not obliged to accept any work they have to offer, I am obliged (technically at least - they're pretty relaxed) to get permission to not turn up

[mudskipper]

Hi,
My current contract states that I must serve 2 weeks notice once I terminate it. I'm in a situation where I am not able to go back to the office. Where do I stand if I terminate the contract but don't serve the notice period? Am I liable for any costs or legal action as a result of not completing the notice.

FYI I have only recently started this contract so there will be little impact to me leaving in terms of deliverables. It will just cause a delay in terms of recruiting again.

Most clients (and even some agents!) are reasonable - if you are unable to go back because of family illness, they're likely to be more sympathetic than if you are unable to go back because you've taken a better paid gig.

[jmo21]

Try searching again but this time for "moo notice period".

MOO is mutuality of obligation, which is hopefully in your contract (or more precisely a stated lack of MOO) as far as IR35 considerations go.

There are many arguments around MOO, but in a nutshell, no MOO means you can hand in notice then tell the client you're not available to work any of the days in that notice period (in the same way they could technically do the same to you). It basically renders notice periods invalid.

I've never been entirely convinced by this argument around MOO.

Most things I've read indicate it is more to do with the end of a contract and whether they client/contractor is obliged to offer/accept a contract extension.

Does anyone have a link that talks about this specific case or use of MOO?

[northernladuk]

I've never been entirely convinced by this argument around MOO.

Most things I've read indicate it is more to do with the end of a contract and whether they client/contractor is obliged to offer/accept a contract extension.

Does anyone have a link that talks about this specific case or use of MOO?

I used to think it was offer of work in contract but I don't believe it is any more. Incognito made some good arguments in a thread a while ago so am convinced it is the offer of work beyond the current contract. A permie would get the next assignment given to him after he has finished his current schedule but a contractor cannot.

There is a client-supplier relationship going on so it isn't even both ways I am afraid. If the work dries up the a client quite naturally will not need the service. You just upping sticks because you don't want to do the work isn't the same.