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Given 1 week notice but just verbally

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    Given 1 week notice but just verbally

    I am in a contract with a small consultancy. Contract was till end of Nov but since their own engagement is not extending beyong July with the end client they gave me a week's notice as stipulated in my contract. I just want to ask they didnt give me any written notice not even email. They just told me verbally that 31st July is your last day. Contract clearly says that written notice has to be handed in.

    Do I have a case of breach of contract from them? Any suggestions most welcome.

    #2
    Do you chuff. Using the wrong medium isn't breach. What are you going to go after them for? More money when it's pretty clear there isn't any more forthcoming? What do you hope to achieve attempting to prove breach of contract? Think about the whole picture here before diving in with this.

    I know we have contracts in place to protect us and make things clear but common sense has to be applied sometimes.

    Just say that's unfortunate but could you drop that in an email please. Sorted.

    Technically they don't even have to give you notice. Just tell you on Friday not to come in on Monday. Contract is still running but you aren't doing any work to get paid for so effective instant termination. At least they've given you the notice period you've agreed. Some clients don't.
    Last edited by northernladuk; 30 July 2019, 09:51.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      fair enough. Yes I wouldnt have gone that far. But it doesnt work if I wouldnt have given them a written / email notice. They definitely would have pushed me to come for another week. anyway thanks for your advice.

      Comment


        #4
        Originally posted by nedian21 View Post
        fair enough. Yes I wouldnt have gone that far. But it doesnt work if I wouldnt have given them a written / email notice. They definitely would have pushed me to come for another week. anyway thanks for your advice.
        They would also be obliged to inform the client so either they would have demanded it in writing on the same day or they would have accepted and told the client, in which case you would have been off the hook. They wouldn't have withheld this from the client as that would not be good for them. Having informed the client you had handed in your notice there would have been no point in pushing for an extra week.
        Last edited by BlasterBates; 30 July 2019, 10:35.
        I'm alright Jack

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          #5
          Originally posted by nedian21 View Post
          fair enough. Yes I wouldnt have gone that far. But it doesnt work if I wouldnt have given them a written / email notice. They definitely would have pushed me to come for another week. anyway thanks for your advice.
          But that is different. You are in a client/supplier relationship so it's not like for like. In one instance there is no work left so nothing for you to come in for regardless of how they give notice. You won't get paid when there is no work so doesn't really matter. When you give it there is work to do and you leaving a bit of a hole so they are going to get a bit narky over it. They have a client upstream as well so important it's all done right. Contracting isn't a level playing field I am afraid.

          It's really a non situation. They give you it verbally, you ask them to put it in an email and it's done. Nothing more to it than that.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post
            But that is different. You are in a client/supplier relationship so it's not like for like. In one instance there is no work left so nothing for you to come in for regardless of how they give notice. You won't get paid when there is no work so doesn't really matter. When you give it there is work to do and you leaving a bit of a hole so they are going to get a bit narky over it. They have a client upstream as well so important it's all done right. Contracting isn't a level playing field I am afraid.

            It's really a non situation. They give you it verbally, you ask them to put it in an email and it's done. Nothing more to it than that.
            I don't think this would be counted as a material breach of the contract, no more than a minimal delay in the payment coming through.
            I'm alright Jack

            Comment


              #7
              Originally posted by nedian21 View Post
              I am in a contract with a small consultancy. Contract was till end of Nov but since their own engagement is not extending beyong July with the end client they gave me a week's notice as stipulated in my contract. I just want to ask they didnt give me any written notice not even email. They just told me verbally that 31st July is your last day. Contract clearly says that written notice has to be handed in.

              Do I have a case of breach of contract from them? Any suggestions most welcome.
              respond by thanking them for the opportunity and that you would have no problem working there again. all the best.

              In this instance, assuming they pay you on time, don't be a clever dick.

              Comment


                #8
                Originally posted by nedian21 View Post
                I am in a contract with a small consultancy. Contract was till end of Nov but since their own engagement is not extending beyong July with the end client they gave me a week's notice as stipulated in my contract. I just want to ask they didnt give me any written notice not even email. They just told me verbally that 31st July is your last day. Contract clearly says that written notice has to be handed in.

                Do I have a case of breach of contract from them? Any suggestions most welcome.
                Technically, yes, it is a breach but a very small one. I was working on a finance project in the NE with some other contractors via an agency. Agency phoned one of the lads and said 'your last day is tomorrow.'

                He told me his contract said written notice. I suggested he phone them back pointing this out as he may get an extra week's money (rate really was piss poor). He did and they sent him an email saying his last day was pushed out to the following Friday. Small steps!
                I couldn't give two fornicators! Yes, really!

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