Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. Is there likely to be any loss of value in the circumstances you describe?
Do you have it in writing from them that they are prepared to accept a month's notice because they cannot fulfil the obligations of the contract? are you saying that they cannot fulfil it now which is why you wish to give 7 days?
The safest option would be to give the months notice as there is a risk that they could attempt to recover their losses for the remainder of the contract if you give 7 days and you cannot demonstrate there has been a material breach. In the event that you chose to give 7 days I think you have a strong argument that there losses should be limited to a month as they were prepared to allow a month's notice.
It really depends on whether you think that they are likely to be litigious and whether it is worth the stress of a potential claim.
If you have any further questions please do ask.
Thanks Jenny. All discussions upto this point have been verbal, I do have a chat transcript from the agency stating that they will let me work 1 months notice however. I will try and recover this tomorrow when i am in work. I don't feel that they will pursue me for the funds however they do hold 3 weeks worth of invoices and i have been told that they may not pay these should i not come into work next week. I will be asking them to backdate the notice period to 3 months ago when i originally tried to leave the project.
I would really like a a face to face or a contract interpretation session with an employment solicitor. If this is something you could off, please advise and i would be happy to pay for this and proceed.