Hi,I have been contracting for a client company through my own limited company. My contract start date was the 14th of May 2012 and the end date was 12th of June (both dates specified in the contract schedule). The contract schedule also states "Contract Period - 1 month (initial period)". So I have worked 2 weeks and 3 days past the contract end date. I have not received a new contract / renewal or had discussions about renewing it. The contract has a 2 week notice period. I have been paid for all my work to date and I wish to stop working for the client immediately (I fear that they do not have the funds to pay me for future work). I would like to know whether I have to give notice of termination and work the notice period or if since the contract end date has passed, I don't need to work it. This article seems to say that the notice period is now void because the end date has passed:http://www.contractorcalculator.co.uk/continuing_work_contract_signed_contract_renewal.aspxPlease look at Heading "Extension 'at will'", second paragraph. Is this correct? Or does my client have a 'substance over form' argument that I must work the notice period?Many Thanks
Province/Country relating to question: UK
Relist: I still need help.This is a different question to the first one I answered.
Hello,I will do my best to help you with this.Is it possible I could see your expired contract please (there is an attach function - the paperclip)John
Thanks BenI am confident that the contract has expired and that the time periods specified therein are no longer enforceable. You are free to terminate with immediate effect if you wish. However, I always advise caution in these circumstances and you would ideally give a small period of notice. A week would absolutely reasonable. Even if you failed to provide any notice, it would be almost inconceivable that an action could successfully be brought against you for losses arising from your termination without notice. Such a claim would lack any foundation given that the term of the contract has expired.Please rate me OK SERVICE or above and I will gladly answer your follow up questions. John
Solicitor and Advocate
Thanks John. Its good to have another opinion, my local solicitor said I have to work out my notice otherwise I could be at risk of a damages claim. Based on yours and his advice, I have agreed to work out the notice to be on the safe side.
That's very sensible, Ben. I hope it all works out for you. Best wishesJohn
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