Contract Resignation - working the rest of the contract

Contract Resignation - working the rest of the contract

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Dog Star

Original Poster:

16,145 posts

169 months

Friday 6th April 2012
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Hello all,

I'm a freelance IT contractor and since new year have been working in Surrey. The job itself is nice and the people are nice - except that my boss is a terrible control-freak, pedant etc - I dread him coming through the door, he is the master of QA docs that nobody reads and pointless meetings - it's comedic. He'll think nothing of gripping you at 6 as you're leaving to go home for another meeting - a few weeks ago on a Friday he kept me back for 5h45m for a ten minute meeting. In 20 years contracting I have never met anyone like him. frown

I live in Lancashire so it's a 250 mile trip home, so when I took the contract it was under the strict proviso that I could finish at 12 on a Friday or indeed go home Thursday and work from home. This isn't written into the contract but I do have emails from when the contract was being negotiated.

So yesterday he has announced that he now wants me (and the other team members) working in the East End of London and he also wants me working a full Friday in said office.

I've simply had enough of this joker now - I'm handing in my notice first thing Tuesday.

If anyone thinks I should just take it on the chin there are two things...
- I won't work in London. If I did I would want a lot more money for it. I simply don't want to. The east end even less.
- The Friday afternoon off was a dealbreaker - I simply would not have gone to work there without it.

My question is this - after I have given him my resignation and assuming I am not marched straight off the premises, am I being reasonable in going at 12 on Friday still? I'm not to arsed about the east end thing - I'll put my foot down and commute in their time - for a few weeks.

I really have had enough of this guy - phone calls at 3.30am on a weekend anyone? rolleyes


davepoth

29,395 posts

200 months

Friday 6th April 2012
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Manager sounds like a konb of the highest order - but if your contract gives your hours as a full day on a Friday it'll be a tricky thing to argue. If there's nothing in the contract as to when you are supposed to work then it's up for discussion.

Piersman2

6,599 posts

200 months

Friday 6th April 2012
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Tell him to poke it.

They have changed the terms of the contract. It appears you have agreed the Friday early finish and have evidence of that being agreed.

They cannot FORCE you to move offices. They can only terminate you if you are unable to move to the new location.

I would expect that at busy times of a project that weekend work may be required, but you should get paid for it. If it becomes the norm and you're not happy with it you have the option to terminate.

Check your contract and read the termination clauses. They may be straight forward or they may be a bit wooly. But all this is irrelevant if the terms of your contract materially change.

The worst case scenario is that you go in on Tuesday, resign and end up heading straight home with no notice period to get paid for. But if the twunt is that bad do you really care?

If he's winding you up this much and you have enough cash tucked away I'd be very tempted not to bother even travelling next week and just say that you're a no longer able to work there due to the circumstances.



marcosgt

11,021 posts

177 months

Friday 6th April 2012
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Piersman2 said:
I would expect that at busy times of a project that weekend work may be required, but you should get paid for it. If it becomes the norm and you're not happy with it you have the option to terminate.
I wouldn't unless it was specifically mentioned in the contract or you'd discussed and agreed it before.

Some 'managers' think Contractors are their personal slaves to do with as they wish because they are paid by the day.

They fail to grasp the concept that actually it works both ways and, as a Contractor, you have a lot more freedom to tell them to stuff it if they're unreasonable.

Fortunately few people are like this, but if you do encounter one don't put up with their st - Go somewhere else.

I wouldn't change my working practices - If they terminate your contract because you refuse to move offices, take legal advice or just get a job somewhere else.

The hours thing is harder - I've seen flexible working agreed with one manager and then thrown out but a replacement - Legally, unless it's in your contract, I don't think you have a leg to stand on, but you don't have to work there!

M.

Fatman2

1,464 posts

170 months

Friday 6th April 2012
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I feel your pain but as a subbie you can effectively do as you wish (within reason of course).

If your normal working arrangement is, like me, to work Mon to Thurs then you are fully entitled to leave on Friday lunchtime on your last day. I worked today but if your normal contract is 4 days then you are showing good will by doing another days work.

I'd say that providing you wind up what you're doing as best as you can and carry out a proper handover (if necessary) then you can't be faulted for leaving when you like although I say this as a subbie in a different industry (aerospace).

IMHO being a contractor, in some respects, removes this kind of bks as you're a free agent and need not put up with any crap. Ok so you have to take some stuff on the chin but this sounds like a nightmare.

All the best with the new contract and I hope it's smoother than you have now smile

Dog Star

Original Poster:

16,145 posts

169 months

Friday 6th April 2012
quotequote all
Thanks for the advice, chaps. He's not tried weekend working - just the Friday thing. The contract (I have it here) states 40 hours per week, flexibly. I have now located the emails referring to the lunctime Friday finish.

I'll give him a polite resignation letter advising 4 weeks along with a holiday request for the next 4 Fridays off biggrin

The thing is that I'd actually get a lot more work done if I didn't spend literally 50% of my time in meetings!

davepoth

29,395 posts

200 months

Friday 6th April 2012
quotequote all
Dog Star said:
Thanks for the advice, chaps. He's not tried weekend working - just the Friday thing. The contract (I have it here) states 40 hours per week, flexibly. I have now located the emails referring to the lunctime Friday finish.

I'll give him a polite resignation letter advising 4 weeks along with a holiday request for the next 4 Fridays off biggrin

The thing is that I'd actually get a lot more work done if I didn't spend literally 50% of my time in meetings!
Well, if the contract says flexible with no mention of core hours he's breached it, so you're golden. biggrin