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  • FIRST POST
    • joeypesci
    • By joeypesci 7th Jan 18, 9:31 PM
    • 427Posts
    • 133Thanks
    joeypesci
    Agency notice period - Forceable?
    • #1
    • 7th Jan 18, 9:31 PM
    Agency notice period - Forceable? 7th Jan 18 at 9:31 PM
    I suspect I know the answer but started a contract recently via a new agency who use an umbrella company. That's all new to me, needed the work so signed despite the notice period stating "1 month notice". Is that reasonable? States the person working for can end the contract whenever and so can the agency, so why do I need to give them one month notice if I decide its not for me? Although I know the answer to that is the agency just want to make as much money out of me as possible, so forcing me to give 1 month notice means they get more commission.

    Yes, I know people will say "You shouldn't of signed the contract then" but its difficult when you need the money.
Page 1
    • sangie595
    • By sangie595 7th Jan 18, 9:35 PM
    • 4,401 Posts
    • 7,341 Thanks
    sangie595
    • #2
    • 7th Jan 18, 9:35 PM
    • #2
    • 7th Jan 18, 9:35 PM
    I suspect I know the answer but started a contract recently via a new agency who use an umbrella company. That's all new to me, needed the work so signed despite the notice period stating "1 month notice". Is that reasonable? States the person working for can end the contract whenever and so can the agency, so why do I need to give them one month notice if I decide its not for me? Although I know the answer to that is the agency just want to make as much money out of me as possible, so forcing me to give 1 month notice means they get more commission.

    Yes, I know people will say "You shouldn't of signed the contract then" but its difficult when you need the money.
    Originally posted by joeypesci
    Yes - you shouldn't have signed if you were not willing to abide by it. Whether they can enforce it - no, obviously not. Whether they will get you back for not working you notice - now that is the question nobody can answer. Is it possible - yes. Will they? Who knows.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 8th Jan 18, 12:35 AM
    • 2,998 Posts
    • 1,552 Thanks
    keepcalmandstayoutofdebt
    • #3
    • 8th Jan 18, 12:35 AM
    • #3
    • 8th Jan 18, 12:35 AM
    That's all new to me, needed the work so signed despite the notice period stating "1 month notice". Is that reasonable? States the person working for can end the contract whenever and so can the agency, so why do I need to give them one month notice if I decide its not for me? .
    Originally posted by joeypesci
    Because the 'employer' can decide to be ready with someone else lined up before they say cheerio, whereas when we give notice well that can lead to them genuinely needing time in some circumstances to arrange replacement. Maybe that is the down side to say being able to start immediately - well this is the way I try and look at it.

    I've noticed in the last two contracts - the statutory term under 4 weeks you can quit with no notice seems to have dropped of the radar and isn't used as much now.

    If it isn't now that you have to worry about, it's in a couple of years time and you apply to a Job and then unsuspectingly at worst possible time find these people head up HR! It can happen.

    I know I'll always be pretty grateful to the person who gave up after a day in the job I last had, so it isn't all bad, for some employers there are a queue of people waiting.

    Are 'satisfactory' references vital to the particular ongoing employment?
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • mr_munchem
    • By mr_munchem 8th Jan 18, 1:08 AM
    • 50 Posts
    • 14 Thanks
    mr_munchem
    • #4
    • 8th Jan 18, 1:08 AM
    • #4
    • 8th Jan 18, 1:08 AM
    The likelihood of them pursuing you for a breach of contract through Civil Courts is very minor!
    • agrinnall
    • By agrinnall 8th Jan 18, 10:00 AM
    • 19,177 Posts
    • 14,842 Thanks
    agrinnall
    • #5
    • 8th Jan 18, 10:00 AM
    • #5
    • 8th Jan 18, 10:00 AM
    The likelihood of them pursuing you for a breach of contract through Civil Courts is very minor!
    Originally posted by mr_munchem
    That may be true, but it's almost 100% likely that the OP could never work through that agency again - and they may spread the word on what he's done informally to other agencies.
    • getmore4less
    • By getmore4less 8th Jan 18, 10:01 AM
    • 31,168 Posts
    • 18,681 Thanks
    getmore4less
    • #6
    • 8th Jan 18, 10:01 AM
    • #6
    • 8th Jan 18, 10:01 AM
    With agency umbrella and client involved there will be more than just your notice to consider look at the complete picture

    What is the notice for the client agency/umbrella to cancel their arrangement as that drives the cashflow.

    If it is less than a month get the client to give notice.

    Your arrangement with the agency and umbrella will almost certainly have clauses you only get paid when money flows from the clients once that stop they have less reason to keep you.
    • sangie595
    • By sangie595 8th Jan 18, 10:02 AM
    • 4,401 Posts
    • 7,341 Thanks
    sangie595
    • #7
    • 8th Jan 18, 10:02 AM
    • #7
    • 8th Jan 18, 10:02 AM
    The likelihood of them pursuing you for a breach of contract through Civil Courts is very minor!
    Originally posted by mr_munchem
    But it exists and it does happen. And it happens to "normal" people, not just senior staff. Plus, this is not the only risk. "Getting someone back" is a much more extensive spectrum than taking them to court. Lousy reference? Telling an employer that you don't abide by notice periods and are unreliable? What about if you need them at some point in the future and they tell you to take a hike? A risk being "minor" doesn't mean that it won't happen to you! It only takes one.
    • joeypesci
    • By joeypesci 8th Jan 18, 6:38 PM
    • 427 Posts
    • 133 Thanks
    joeypesci
    • #8
    • 8th Jan 18, 6:38 PM
    • #8
    • 8th Jan 18, 6:38 PM
    States in the contract the client that I'm doing the work for can end the contract with no notice. So the way out of it I guess would be to get the client to agree to let me go.
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