UK Employment Law
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I need advice re: not working notice period in IT contract
I would like to know how much it would cost me if the agency were to take legal action
I'm an IT contractor currently on a 6 month contract which ends 6/09/2013. My contract states I have to give notice of 4 weeks, however I need to leave in 1 week and have said as much to the agency. They are not happy as aren't the client who are threatening legal action for breach of contract.
I have tried to negotiate with the agency but they are being 'told' by the client to enforce the 4 week notice in my contract.
I have tried to action the 'right to substitution' clause in my contract but the agency flatly refuse for me to do it as they say the client won't accept it?! Also, I didn't actually physically sign the contract but I understand that starting the work is equivalent to actually signing the contract??
Basically I want to leave asap but don't want to end up with a massive bill for legal costs for breach of contract - that's if they actually pursue it.
Hope that helps.
• SUBSTITUTION OF THE AUTHORISED PERSONNEL
• The Supplier may provide a substitute to carry out the Services in place of the Authorised Personnel at any time with the written consent of the Company.
Me being the Supplier, the Company being the agency.
Thank you for that.
Just as an aside, yesterday I was in the process of a hand over to a permanent member of staff who will be carrying on the piece of work I started and will be continuing with this hand over next week, and they will be completing this work once I have left.
I suppose it's debatable if the work is that specialised really, but the reason for the delectus personae is more of a personal thing, as the Project Manager is trying everything in his power to stop me leaving before the 4 week notice period - not because he thinks I'm irreplaceable, but purely because I want to leave!!