Contract Termination Notice Period

**cojak** · 7 March 2013, 04:31

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.

**Axe1974** · 7 March 2013, 09:06

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?

**kingcook** · 7 March 2013, 09:18

Originally posted by Axe1974 View Post

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?)

**GB9** · 7 March 2013, 09:23

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.

**Axe1974** · 7 March 2013, 09:49

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

**TheFaQQer** · 7 March 2013, 09:57

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.

**AnonAgent** · 7 March 2013, 10:24

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.

**Axe1974** · 7 March 2013, 10:31

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?

**TheFaQQer** · 7 March 2013, 10:38

Originally posted by Axe1974 View Post

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??

Contract Termination Notice Period