Notice period

[Anonimouse]

A few months ago I took a 6 month contract through an agency I have worked through before.

The contract had a built in break for Christmas and a notice period which extended as the contract progressed.

The break came 13th December, for various reasons I have picked up another contract and started on 16th. I phoned the agency to try to arrange a face to face but they were WFT. I gave verbal notice and got serious earache, they tried to talk me into leaving new contract and going back. I also put it in writing later the same day (email).

I got an email yesterday to say that they had only just received it (as they were off) and therefore my last day onsite would be 17th jan. I have no intention of going back, but where do I stand legally? Do I just phone in sick? or just ignore them.

All my time sheets have been signed and invoices issued. And I have been paid twice since I have left.

[SueEllen]

Ignore them.

No one would believe they were off on 16th December as it's a business day.

[Anonimouse]

I spoke to them so they were about, but sent the email when I got home. They are expecting me to work 13th-17th jan which I have no intention of doing.

I'd rather not totally fall out with them as have worked for them a few times. Should I phone in sick?

[TheCyclingProgrammer]

Don't lie. Simply tell them that you're not available on those dates. Offer to send a substitute if you have a substitution clause and know somebody who can do the work.

[CheeseSlice]

Just on the off-chance, is there anything useful in your contract regarding timing of serving notices?

My last contract actually stated that any notice served by either party to the other would be deemed served 2 days after posting.

[mudskipper]

Don't lie. Simply tell them that you're not available on those dates. Offer to send a substitute if you have a substitution clause and know somebody who can do the work.

This.

[northernladuk]

I spoke to them so they were about, but sent the email when I got home. They are expecting me to work 13th-17th jan which I have no intention of doing.

I'd rather not totally fall out with them as have worked for them a few times. Should I phone in sick?

Bit late for that I am afraid. It never happens but they will try argue you are in breach and could expect legal action. It will be bluster so just weather it through.

Do as TCP says and please don't phone in sick. You are not an employee you are a business delivering services. Whatever reason you give will go down like a lead balloon so at least be professional and be honest. Expect a bit more handbags until this blows over but apart from that I doubt anything else will happen.

[VectraMan]

Don't lie. Simply tell them that you're not available on those dates. Offer to send a substitute if you have a substitution clause and know somebody who can do the work.

Don't do that. You've already given notice; the contract is finished.

If they try anything just ignore them, or better yet, tell them you hope they pursue it as the courts could probably do with a good laugh.

[Anonimouse]

Thanks all I really didn't think it was a major problem but they really had a melt down on the phone. I am number 3 of the 5 who started to go so only 2 left now.

[SueEllen]

Thanks all I really didn't think it was a major problem but they really had a melt down on the phone. I am number 3 of the 5 who started to go so only 2 left now.

Their melt down is your problem because?

If the client isn't a good one causing contractors to leave then they need to have a discussion find out why.