Extension - Notice Period

**GillsMan** · 21 December 2010, 16:09

Originally posted by oppenheimer07 View Post

I've been working in the same contract for 3 years (one year with two further extensions) and have now been offered a new contract elsewhere. My current contract is due to expire on 21st December (week and a half away) and the new one is to start on Jan 4th. This has come around at the last minute and is a very attractive offer but I have been offered a further extension on my existing contract (which I have neither accepted or rejected as yet). My contract currently states a month notice period but I'm not sure if this counts at the end of my contract. If I just tell my current employer I won't be extending at such short notice, can they block my next job? Or am I free to just inform them and then leave. I feel bad on a personal principle level, but I wasn't expecting such a good offer and I don't want to miss it, but I'd like to know where I stand legally/contractually.

The notice period on a contract normally refers to the contract period, i.e. between your start date and contract end date. If your contract ends on 21 December then neither you nor your client need to provide any notice to quit on 21 December, since the contract has already provided that notice.

The decent thing to do, though, is to give them a head's up, tell them that you're starting a new contract on 4 January, wish them luck, and leave to do your new contract (assuming it doesn't fall through at the last minute as some do).

**oppenheimer07** · 21 December 2010, 16:20

Originally posted by GillsMan View Post

The notice period on a contract normally refers to the contract period, i.e. between your start date and contract end date. If your contract ends on 21 December then neither you nor your client need to provide any notice to quit on 21 December, since the contract has already provided that notice.

The decent thing to do, though, is to give them a head's up, tell them that you're starting a new contract on 4 January, wish them luck, and leave to do your new contract (assuming it doesn't fall through at the last minute as some do).

Thanks a lot. I realised I put my end date wrong, it's actually 31st December, but your advice still stands. Thanks again. I feel like a git for it being so short notice, but this new offer has come out of the blue.

**nomadd** · 21 December 2010, 16:35

Originally posted by GillsMan View Post

The notice period on a contract normally refers to the contract period, i.e. between your start date and contract end date. If your contract ends on 21 December then neither you nor your client need to provide any notice to quit on 21 December, since the contract has already provided that notice.

The decent thing to do, though, is to give them a head's up, tell them that you're starting a new contract on 4 January, wish them luck, and leave to do your new contract (assuming it doesn't fall through at the last minute as some do).

This^

Although be very careful and read the contract you currently have. I've seen a few that have daft clauses in them where the contractor is obliged to accept any renewal that is offered. In that case, you would have to give the full notice.

**Wanderer** · 21 December 2010, 22:25

Originally posted by oppenheimer07 View Post

My contract currently states a month notice period but I'm not sure if this counts at the end of my contract. If I just tell my current employer I won't be extending at such short notice, can they block my next job?

Legally, you can just let the contract expire without renewing it and that's the end of of (unless there is something contrary to that in your contract). Certainly, I've seen people's contracts expiring (with the promise of an extension that never turns up) and the client decides not to renew at the 11th hour.

Business wise, you are not obliged to accept the extension but I would try to give them as much notice as I could that I'm not extending and do a decent handover.

Definitely talk it through with your current client and see what arrangements you can come to. Whatever you do, try and leave on good terms, especially after 3 years working for them! Who knows, they may offer you a pay rise to make it worth you staying, or perhaps a retainer to do some ongoing consultancy/handover work with them.

Good luck!

**Scrag Meister** · 22 December 2010, 08:46

Sounds to me like your current clients offer of an extension was a little late in the day.

So if you are happy with the new contracts Ts and Cs then I'd go for it.

They were late in offering, you were well within your rights to go looking.

Their loss because they weren't organised well enough.

GL in whatever you decide, and yes check your current contract.

**Sausage Surprise** · 22 December 2010, 15:24

Similar thing in my last role. They procrastinated so long over the extension I obviously started looking elsewhere. They finally came up with an extension offer of 1 month, the day before the contract expired which was the same day I was offered 6 months on a better contract elsewhere.

When I politely rejected the extension the client tried to invoke a one month notice period. When I pointed out that the contract expired tomorrow they saw sense and understood my reasons for leaving.

**TykeMerc** · 22 December 2010, 15:36

A polite refusal of the offer to extend is reasonable unless the offer has been outstanding quite a while in which case expectations can be different.

Clients know (or should) that by contracting you for a period and not securing an extension early that there's always the risk that a contractor can refuse, it's the other side of the coin to the risk we take that the client can change their mind and pull the plug.

Extension - Notice Period