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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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ive tried to to have a prestart meeting regarding a contract

Resolved Question:

ive tried to to have a prestart meeting regarding a contract ive won and this did not happen ive had a draft contract no dates or signatures I would like to give notice as I continued working ps I was the old contracter I carried on working in good faith but needed to sort issues out with new contract and these people were always busy can I give notice to leave
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Is there a notice period in the new contract?

Customer:

I think it says 3 months but nothing was agreed

Customer:

I did ask but they said they think 28 days

Ben Jones :

How much do you want to give them?

Customer:

I would like to renegotiate the price as I feel there is extra work if they dot agree I would like to leave I have proof I tried to sort things out before. one month if possible

Ben Jones :

have you approached them to renegotiate yet?

Customer:

yes they are waiting for the price but if they refuse my offer can I give notice or will they start accusing me as they have that I accepted the contract its a draft and I expressed my I needed a meeting before

Ben Jones :

did the old contract have a notice period?

Customer:

that's another story ive een there 4 years and they said I had no contract

Ben Jones :

Whist you do not need to have signed or formally accepted the contract for it to be binding, if you had indicated that you wish to consider it and that you do not agree with some of its terms, then even if you stated working under it, it would have been pending an agreement to the terms under dispute. If you cannot reach an agreement and do not wish to continue with the new contract, then you are able to leave by giving notice.


 


However, it is often the case that no written contract exists, or there is no notice clause in it. In such situations, you are still expected to submit a 'reasonable' notice period to terminate the agreement. This is because even in the absence of a written contract you will be working under an implied common law contract and to terminate such a contract a reasonable notice period is required.


 


What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of employment, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. If possible try to negotiate a mutually acceptable notice period but if that is not possible you can go for the month’s notice and if that is challenged – advise them that by being given a contract you do not agree with, they are effectively breaching any previous implied contract they had with you and as such you should even be entitled to leave with immediate effect but are being reasonable and are giving them a month instead.

Customer:

They are saying I priced it and I am saying not all the information was disclosed the caretaker who was touped to me was on 20 hours a week but he would do more hours also the spec has different timings to the job etc etc.

Ben Jones :

you may have priced it but if what you priced for should match hat you are being asked to do and if there are material changes then you can argue that this pricing was not as agreed

Customer:

okay that helps as It looks as though they are trying to make me feel stupid too. They say there are trivial things they left out to me it isnot

Ben Jones :

well that is a matter of opinion really, it really depends n what a reasonable person in your position would think, for example would any other similar contractor just ignore these 'trivial' matters or is it something that would most likely change the price of a job

Customer:

the fact I didn't havethe meeting to agree terms and conditions and previous slap dash organistion I feel if they do not agree that's fine I will leave can they say im in breach of contrct or any thing like that

Ben Jones :

potentially they may do but that is when you raise the argument s I mentioned above

Customer:

what can they consider a breech of contract

Ben Jones :

well it would be leaving a contract without giving the required notice period, that is the most likely breach in this case

Customer:

okay that's fine if I then give them the noic they require that should be it?

Ben Jones :

as long as you give the required notice as per the contract then you cannot be forced to continue working with them - the whole point of notice like that is to allow either party to terminate the relationship for good

Customer:

Thankyou for your answers

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