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Notice "can't start until end of contract"

11 replies

IncognitoErgoSum · 06/12/2013 10:10

I (as an individual) have signed a contract for services (with a company) that runs for 12 weeks. I have just given the required four weeks' written notice of termination. The company's representative has told me that the notice period does not start until the end of the initial 12 weeks. I am sure (and have said) that that is unreasonable and unenforceable as it would effectively turn a 12-week contract into a 16-week one.

I'd appreciate someone with knowledge of contract law confirming that my reading of it is correct.

OP posts:
Collaborate · 06/12/2013 10:47

You need to look at the wording of the contract you signed.

IncognitoErgoSum · 06/12/2013 10:56

Strangely enough, I have. It is ambiguous:
12 weeks then you can give four weeks' notice of termination.

My point is that I interpreted it when I read the contract as meaning that the four weeks could run concurrently with the final four weeks of the 12. They are suggesting that it has to be end to end. That would make it a 16-week contract by the back door. I do not believe that it is enforceable (and I've told them that they would not like the publicity if they decided to take me to court over it).

OP posts:
tiredoutgran · 06/12/2013 11:39

I could be wrong but I would read that as it runs for 12 weeks and then, should you continue the services, you need to give 4 weeks notice to end them. So, to my mind it would mean that the contract ends at the 12 week point without notice required but if you continue then you have to give notice to end it - does that make sense?

IncognitoErgoSum · 06/12/2013 12:20

Yes, that makes sense. But I have to give notice at any point and they are maintaining that the first notice period cannot start until after the 12 weeks.

OP posts:
tiredoutgran · 06/12/2013 13:19

Hmmmmm.........I am not sure you would have to give any notice if it ends at 12 weeks, it would be a natural end to a 12 week contract surely! I would like to see them defend it in Court. If you think you are signing a contract for 12 weeks and they are making you sign for what is actually 16 weeks then there is something wrong somewhere.

IncognitoErgoSum · 06/12/2013 15:14

Thanks, tiredoutgran, that's what I think.

OP posts:
Pollywallywinkles · 06/12/2013 17:57

It depends on what it says about the 12 weeks.

Unfortunately you cannot interpret what a contract means by one sentence/clause. My interpretation of what you have written is that after 12 weeks you can give 4 weeks notice to terminate.

twattock · 07/12/2013 14:43

you could give 4 weeks notice now to expire at the end of the 12 week term

TheProvincialLady · 07/12/2013 14:47

What consequences are they proposing?

mrsmalcolmreynolds · 07/12/2013 16:58

OP at the very least you need to copy and paste the exact wording if you are to get any meaningful responses. You need to include the provisions on the length of the contract as well as the termination clauses.

IncognitoErgoSum · 08/12/2013 08:14

twattock: It was me giving notice last week that caused the company to say that I could not do so until the end of the original period.

TheProvincialLady: They aren't proposing any consequences so far. And I don't think it would be in their interest to do anything. They have been paid for the 12 weeks and adverse publicity from trying to enforce another 4 weeks would hurt their business more.

Thank yu to everyone who has considered this issue and commented on it.

OP posts:
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