How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: UK Employment Law
Satisfied Customers: 7507
Experience:  28 years experience as a solicitor.
31090051
Type Your UK Employment Law Question Here...
JGM is online now
A new question is answered every 9 seconds

I need advice re: not working notice period in IT contract

Resolved Question:

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

Submitted: 1 year ago.
Category: UK Employment Law
Expert:  JGM replied 1 year ago.
-Could you explain your situation a little more?

Customer: replied 1 year ago.

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.


 

Expert:  JGM replied 1 year ago.
What does the substitution clause say specifically?
Customer: replied 1 year ago.



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.

Expert:  JGM replied 1 year ago.
That won't help as you haven't got the consent of the company. The contract is binding if you started work under its terms and conditions even if unsigned.

My view Is that you have a problem if you leave after a week. There is obviously an element of specialism in what you do and an element of delectus personae, ie, it's you they want, not someone else.

If you leave you open yourself to a damages claim for losses arising. That would mean any losses because they had no person like you on site and also the difference in cost of replacing you of your replacement is more expensive. Any project that could not be continued and had to be restarted may be charged to you as well.

You will have to weigh up the risks as to whether they will follow this through or not. They do have to minimise their losses so one way to deal with this is to offer a substitute. As a matter of contract they don't have to accept a substitute but if they don't you could argue that they haven't suffered any loss as you offered a substitute which gave them continuity which they refused to accept.

That is your best argument here.
Customer: replied 1 year ago.

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!!

Expert:  JGM replied 1 year ago.
If your position Is functus then, you may be technically in breach of contract but if they don't suffer a loss then they would have difficulty suing you.
JGM, Solicitor
Satisfied Customers: 7507
Experience: 28 years experience as a solicitor.
JGM and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice