Advice required regarding notice period and contracting

Advice required regarding notice period and contracting

Author
Discussion

Iklwa

Original Poster:

283 posts

128 months

Sunday 20th April 2014
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Hi all. I am currently in full time employment, and have a 3 month notice period (Messaging support/project work).

I have been offered an opportunity to go contracting on a very good contract, and am keen to accept it. The requirement is that I be available in one month, which leaves me in a difficult situation notice wise. I get that the 3 months works both ways, and protects me probably more than it does them, but it is extremely restrictive, and I would never be able to accept a contract role, or even possibly a permy role, where they would be happy to have me join after three months.

I would be able to hand over all work comfortably within the month, and wouldn't be leaving them in a difficult situation as a result, so I wanted to gauge opinions on how this may go, if I discuss it with them and make sure they understand everything will be completed as necessary. If I had to simply leave after a month, is it usual for a tribunal to follow?

The second thing is, I haven't contracted in years, and it is a huge risk. Contract is initially 4 months, so following that I would be looking for a new contract. Is the contracting market relatively strong right now? I would be looking to do Messaging cloud migrations, and on premises Exchange 2010/2013 deployment/migrations.

Looking at job sites is seems things aren't exactly buzzing in this sector, but I expect the roles aren't up long since most contractors are available within a week (not sure though?). Day rates seem to vary hugely as well, which would be a big consideration as I wouldn't want to sacrifice what is a good permy job just to make around the same sort of money.

Not sure how this will go, might just stay put, but would love to take on a new challenge like this and the contract really is perfect in terms of type of work and location. A case of fortune favours the brave? or maybe making stupid decisions equals life long regrets.

MagicalTrevor

6,476 posts

228 months

Sunday 20th April 2014
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Depends on how commited you are really, if you explain to your employer that you have a job offer and tell them the terms then they may be flexible with you (I'd rather have somebody who leaves having done a good handover than somebody who has to reluctantly stay!).

However, you're then committed to leaving!

anonymous-user

53 months

Thursday 24th April 2014
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An employer can sue an employee who seeks to leave early and in breach of contract. It is fairly rare for an employer to do so if the employee is just moving on, but there is no guarantee that an employer won't sue, so you need to negotiate the exit if possible. Whether an employer will sue depends on the circumstances, and in particular whether the employee is leaving to do something that may compete with the employer.

If the employee's contract has a garden leave clause, the employer may be able to obtain an injunction to require the employee to sit out the notice on full pay. An injunction will only be granted if the Court thinks it is reasonable to enforce the notice period against the employee, and the Court will never order someone to work (that's why garden leave is called garden leave, although gardening is not compulsory). If no injunction is sought or granted, the employer could still sue for any extra cost incurred in hiring a replacement, but only for the balance of the notice period. Few employers do this, but it does happen.

Employers do not sue in Tribunals, they sue in Courts, and if they sue and win they claim costs. This is another reason to seek a negotiated exit.



Edited by anonymous-user on Thursday 24th April 07:00

anonymous-user

53 months

Thursday 24th April 2014
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Last time I had a permie job, was 20 years ago, company was looking at redundacies and a few senior people left during the negotiation stage all of us had 3 months contracts, they refused to talk about short notice. One guy walked out, another actually hit the MD and was escorted out, I negotiated a two weeek hand over, (or tell me now you will not make me redudent), no big issue on the negotiation and I am the only one who was ever asked to return.

Iklwa

Original Poster:

283 posts

128 months

Thursday 24th April 2014
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Thanks for the replies, I am hoping I can negotiate a fairly civil exit, as I really like my company and have a lot of respect for my management.

My situation at the moment means that going contracting is looking like my best option, and given I have been offered the contract now and received the paperwork to complete, I will now be giving my notice and explaining my need to exit early. I will speak to them today and hope that we can come to an agreement and it doesn't turn nasty.