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Statutory rights contractors notice period

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    Statutory rights contractors notice period

    I am in an existing contract that runs for 5 months from the end of January 2006 until the end of May 2006.

    My contract does not allow me to give notice, therefore it assumes that I will work until the end of my contract.

    However I was reading some employment laws on the DTi and AdviceGuide.org.uk websites, and came across a section that stated that if a notice period was not included in the contract, then the employee can give what is deemed as a reasonable period of notice (i.e. this could be based from payments, monthly or weekly etc).

    Does this statutory right apply to contractors? Or only perm people?

    If not, then what are my options? Simply to work the contract or can one just leave? Agent is Spring.

    The other problem, or issue to consider, is that the contract is with Spring and my management company, and i am technically an employee to my management company, as i am on a PAYE scheme and trust payments. My contract with the management company does state a 4 week notice period, but also has a clause in it that states i may have to work to thrid party contracts etc etc.

    help?

    #2
    This has been covered a lot on here and has generated a number of arguments.

    It is complicated as you are an employee of your brolly, but are contracted to the client. The legislation covers your employment but not your conteractor status. You might need to take legal advice.

    If you realy want to leave then have a word with your line manager at the client. They wont want you to stick around if you are not motivated.
    You may have a problem if you contracted for set deliverables as opposed to cost plus.
    If nobody is listening then tell them you are going to take a six months sabatical, as long as your contract doesnt limit your holidays, they will drop you instantly. If they refuse just dont turn up but be prepared to have to fight for any outstanding payments, it is your money but htey will be awkward.
    Failing that my advice has always been to smack your line manager in the mouth or get caught sexualy harrasing the secretary, or if she is game get caught giving her the benefit on the bosses desk.
    I am not qualified to give the above advice!

    The original point and click interface by
    Smith and Wesson.

    Step back, have a think and adjust my own own attitude from time to time

    Comment


      #3
      Sabatical?

      thanks for your reply.

      My contract does not say anything about sabatical?

      Can i simply just state i am doing that then?

      can i just say i am going on holiday?

      can i go sick?

      Comment


        #4
        Originally posted by DrContractor
        thanks for your reply.

        My contract does not say anything about sabatical?

        Can i simply just state i am doing that then?

        can i just say i am going on holiday?

        can i go sick?
        With the usual proviso that I am not a lawyer nor do I claim to have any expertise here, the short answer is yes.
        As long as your contract does not forbid it or asks you to make prior arrangements.

        I would advise that you go down the friendly route first, talk to people and ask to be released rather than doing anything devious.
        You are in a reputation based business and are only as good as your last contract. If you get a rep for walking or being stroppy then agents will not touch you and clients will find out.

        Be professional, you are bound by your contract but if all reasonable roads have been travelled then you have to make a decision based on what is best for you and your business.
        Dont just bail because you have had a better offer!
        That is what gets the rest of us a bad name.
        I am not qualified to give the above advice!

        The original point and click interface by
        Smith and Wesson.

        Step back, have a think and adjust my own own attitude from time to time

        Comment


          #5
          sabatical

          thanks once more for your info.

          Therefore, can one just simply take a sabatical without notice?

          Comment


            #6
            sabatical leave

            Or is there a format for asking for a sabatical leave?

            Comment


              #7
              Certainly, you say 'I'm not available for x period'. If the client moans flick em a twin - there'll be more work waiting around the corner...

              RW in blindly optimistic mode

              Older and ...well, just older!!

              Comment


                #8
                sabatical

                what does "flick em a twin" mean? ha

                so, what is being said, is, unless it states otherwise in my contract with my brolly company, i am quite able and legal to say i shall be taking a sabatical from x until x?

                Comment


                  #9
                  Holidays

                  so the holidays section in my contract with the brolly states:
                  --------------------------------------------------------
                  Holidays
                  you are entitled, in addition to the normal public holidays to take four weeks' holiday in each holiday year, which runs from January to December, and you will be paid your normal basic remuneration during such holidays.
                  --------------------------------------------------------

                  No mention of sabaticals?

                  Comment


                    #10
                    ????

                    any ideas anyone?

                    could i jsut take a 4 week holiday from now? how does that work?

                    Comment

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