Contract/Notice Help Contract/Notice Help
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  1. #1

    Default Contract/Notice Help

    Quick background. I am contracting for a company at present and was supposed to be there until 31st December.

    I was told this time last week that the "work was drying up" and they'd have to let me go early. The conversation went no further than "we're probably looking at the end of the month" (October)

    So, the understanding I got from the meeting is that I'm leaving 25th Oct as I have a holiday booked for the following week.

    The problem is, I haven't been given an actual end date and I'm reckoning that they are expecting me to leave next Friday

    My contract states that I must be given One Week's written notice so I'm thinking that I have a right to turn up for work on the Monday after my holiday UNLESS they provide me with written notice by this time next week.

    So, where do I stand? If I exit stage left next week does that imply my acceptance of their terms? Should I rock up on the Monday after my holiday if they don't give me a written termination date? Am I due an extra week's pay if they don't provide notice?

  2. #2

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    Quote Originally Posted by TheBusinessAnalyst View Post
    Quick background. I am contracting for a company at present and was supposed to be there until 31st December.

    I was told this time last week that the "work was drying up" and they'd have to let me go early. The conversation went no further than "we're probably looking at the end of the month" (October)

    So, the understanding I got from the meeting is that I'm leaving 25th Oct as I have a holiday booked for the following week.

    The problem is, I haven't been given an actual end date and I'm reckoning that they are expecting me to leave next Friday

    My contract states that I must be given One Week's written notice so I'm thinking that I have a right to turn up for work on the Monday after my holiday UNLESS they provide me with written notice by this time next week.

    So, where do I stand? If I exit stage left next week does that imply my acceptance of their terms? Should I rock up on the Monday after my holiday if they don't give me a written termination date? Am I due an extra week's pay if they don't provide notice?
    Confirm the end date asap. Ask them, it's the professional thing to do.

    You could turn up after your holiday but it's unlikely they'll pay you. Essentially, if your contract has a clause that requires a signed timesheet in order to get paid then you won't get paid no matter what your notice period says.

  3. #3

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    They said to the end of the month, so end of the month it is. Legally, notice can be given verbally, it doesn't have to be written.
    I'm alright Jack

  4. #4

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    Quote Originally Posted by BlasterBates View Post
    They said to the end of the month, so end of the month it is. Legally, notice can be given verbally, it doesn't have to be written.
    I get that, but my contract explicitly states "1 week's written notice"

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    Quote Originally Posted by TheBusinessAnalyst View Post
    I get that, but my contract explicitly states "1 week's written notice"
    So what is buggering about with wording going to achieve?

    If they were smart they would use the no pay without signed timesheet option. The contract goes on until the end but in that time they don't give you any work so you don't get paid. Effective instant dismissal but true to the word of the contract.

    Are you direct or via an agency?
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    Quote Originally Posted by TheBusinessAnalyst View Post
    I get that, but my contract explicitly states "1 week's written notice"
    Then be professional and ask them to confirm in writing.
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  7. #7

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    Quote Originally Posted by TheBusinessAnalyst View Post
    I get that, but my contract explicitly states "1 week's written notice"
    The notice has to be given by the agent, not the client. You need to check your contract, as contracts often stipulate that the agent only pays for work done.
    If the client has no work there is nothing for them to pay for.

    Of course legally there may be steps you can take if the agency fails to give you written notice, but I would focus on looking for a new contract.
    I'm alright Jack

  8. #8

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    Quote Originally Posted by BlasterBates View Post
    The notice has to be given by the agent, not the client. You need to check your contract, as contracts often stipulate that the agent only pays for work done.
    If the client has no work there is nothing for them to pay for.

    Of course legally there may be steps you can take if the agency fails to give you written notice, but I would focus on looking for a new contract.
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  9. #9

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    Quote Originally Posted by Old Greg View Post
    Then be professional and ask them to confirm in writing.
    This is what I have done. Pointed out on Monday to them that they hadn't given me a confirmed leaving date.

    All sorted now, leave tomorrow on very good terms with the company in question

  10. #10

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    My contract states that I must be given One Week's written notice
    Sure but it probably also has a MOO clause too.

    If the work is gone, it's gone, and if you're gone on verbal or shorter notice on this basis, that's pretty good for your outside IR35 status IMO.

    Edit: Just noticed your last post. Good news it is all sorted favourably.

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