Do I need to give in NOTICE when I have not signed any extension Do I need to give in NOTICE when I have not signed any extension
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  1. #1

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    Default Do I need to give in NOTICE when I have not signed any extension

    My contract ended last week 25th Jan 2019. The agency had informed me earlier that there would be an extension in place however did not receive any formal extension contract even in the last hours of 25th. I called my agency up and they said that it will come through shortly , however i mentioned i do not wish to pursue any further extension due to personal reasons.

    I let my manager know about my decision as well. In the contract which ended on 25th , there was 2 weeks notice clause for both parties. In this situation where i do not wish to pursue any extension was I required to give in a notice?

    The agency did not process the extension and hence had no active contract beyond 25th. Few of my colleagues mentioned that there is fear that client/agency may stop my last two weeks payments. I see the time sheets has not been approved yet.

    1) Was i required to give in a notice?
    2) Are they legally right in stopping the payment for last 2 weeks?

  2. #2

    Prof Cunning @ Oxford Uni

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    Questions:
    1. Did you work after 25th?
    2. Who approves your timesheets?
    3. When did you advise your “manager” you would not be taking the extension?

    If you did not work after 25th, then you should have made sure your timesheets were signed before you finished that day.
    If you went in and did work after 25th, then it’s a different issue.
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  3. #3

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    Quote Originally Posted by WTFH View Post
    Questions:
    1. Did you work after 25th?
    2. Who approves your timesheets?
    3. When did you advise your “manager” you would not be taking the extension?

    If you did not work after 25th, then you should have made sure your timesheets were signed before you finished that day.
    If you went in and did work after 25th, then it’s a different issue.
    Nailed it.

    Working after the 25th indicates an acceptance of the extension OR that you're working without pay if no extension is in place on the client side.
    The greatest trick the devil ever pulled was convincing the world that he didn't exist

  4. #4

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    I don't wish to be rude to the OP but honestly, this is the absolute basic operation of a contract. Before you get in to any of the detail what is in it, understanding it has a start and an end doesn't is the simplest element.

    I'm a bit confused how you can be a contractor and not know the difference between the end of a contract and terminating one. Giving notice to something that is going end on a date that is probably in black and white on the front page.

    You really need to understand your contract and all the clauses within it. It's your job after all, but it sets out the agreement between you and your engager, your pay, termination right and everything. You are likely to need these at some point in the future so need to understand them.

    It raises the question about whether or not you're aware of IR35 or not as well which is pretty serious. Then there is your Opt in/out status and so on.

    Here are a couple of links that might help.
    Guide to Contracts - Contract help for IT Contractors | Contractor UK

    Contract basics for IT contractors

    Contract Basics | Free Legal Information | LegalVision

    Contracts and law: What you should know - InBrief.co.uk
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    Quote Originally Posted by Withorwithout View Post
    1) Was i required to give in a notice?
    2) Are they legally right in stopping the payment for last 2 weeks?
    You have no obligation to provide services beyond the end date of your contract. I'd argue that any obligation (or perceived obligation) to work to a notice period outside of your contract would be an IR35 risk.

    Nevertheless, if you worked additional days beyond the end of your contract *by mutual agreement* with the client/or agency then you are entitled to invoice for and be paid for those days.

    If you had previously suggested to your client that you were going to extend then it would have been a courtesy (if not a contractual obligation) to let them know you had changed your mind with some reasonable notice and if I were you and had decided last minute, I would offer to do an extra week if they were going to be left in the lurch, so as not to burn any bridges.

  6. #6

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    Quote Originally Posted by WTFH View Post
    Questions:
    1. Did you work after 25th?
    2. Who approves your timesheets?
    3. When did you advise your “manager” you would not be taking the extension?

    If you did not work after 25th, then you should have made sure your timesheets were signed before you finished that day.
    If you went in and did work after 25th, then it’s a different issue.
    1) No, i did not work after 25th
    2) My client side manager approves the timesheet
    3) When i did not receive any extension document on 25th , I mentioned i will not pursue further.

  7. #7

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    Quote Originally Posted by Withorwithout View Post
    3) When i did not receive any extension document on 25th , I mentioned i will not pursue further.
    Although you do not need to give any notice at contract expiry time it's good professional courtesy to make parties aware ahead of time. It's going to save them a lot of time and effort and keep the work going smoothly.

    If the expectations is set that you will carry on, which happens in most cases, then it's going to come to them as very bad news. Delays in the gig, lost income from the agent and you just waltz off. It's not going to help you in any shape or form.
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    Quote Originally Posted by TheCyclingProgrammer View Post
    You have no obligation to provide services beyond the end date of your contract. I'd argue that any obligation (or perceived obligation) to work to a notice period outside of your contract would be an IR35 risk.

    Nevertheless, if you worked additional days beyond the end of your contract *by mutual agreement* with the client/or agency then you are entitled to invoice for and be paid for those days.

    If you had previously suggested to your client that you were going to extend then it would have been a courtesy (if not a contractual obligation) to let them know you had changed your mind with some reasonable notice and if I were you and had decided last minute, I would offer to do an extra week if they were going to be left in the lurch, so as not to burn any bridges.
    I did exactly the same. As a matter of courtesy, I did mention that I am reachable for any support required. However, I did not get any written communication from them.

  9. #9

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    Quote Originally Posted by Withorwithout View Post
    1) No, i did not work after 25th
    2) My client side manager approves the timesheet
    3) When i did not receive any extension document on 25th , I mentioned i will not pursue further.
    Chase up the client manager who approves the timesheet to see why not done yet. You have fulfilled your obligations by letting them know in advance that you won't be accepting an extension to the contract and by not working beyond the 25th that is that, you just need to follow up on getting the timesheet and payment for work done up to the 25th.

    Once timesheet approved then agency has no reason not to pay you as you are within the terms and rights of the contract you worked under. There is no contract beyond the 25th (presented or accepted or signed) so no obligation to work and it keeps it simple by not having worked beyond the 25th without an agreed/signed extension.

    So to summarise, chase up the client to approve the outstanding timesheet(s) then chase up the agency to pay you for it. Nothing else needs doing.
    Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

  10. #10

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    Quote Originally Posted by northernladuk View Post
    Although you do not need to give any notice at contract expiry time it's good professional courtesy to make parties aware ahead of time. It's going to save them a lot of time and effort and keep the work going smoothly.

    If the expectations is set that you will carry on, which happens in most cases, then it's going to come to them as very bad news. Delays in the gig, lost income from the agent and you just waltz off. It's not going to help you in any shape or form.
    Yes, you are right. There are two sides here. Ethical and Legal.

    On ethical front , yes a last minute change will not go down very well. However to minimise the damage I offered for any support needed to which i was completely rebuked by the manager. I made a courtesy call to my co-workers and other managers to help them understand my situations.

    I am not sure if I am right on the legal front.

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