I have a 6 month IT Services contract with the agency.
The Client terminated after 6 weeks back filling my role with permanent employee as the contract was "too critical"
I negotiated 2 weeks notice during the termination interview and worked this with approved time sheets.
The contract has several clauses and an addendum added by the Client that says 28 calendar days notice would be given irrespective of week worked IE as below:
Where the Client requires Agency to terminate an assignment prior to the agreed end date for reasons
other than insufficient performance then Computer People shall provide four weeks notice in relation to
Professional/IT Contract Persons and shall reimburse Contractor/Personnel accordingly."
The agency's portion of the contract has a sliding notice period of 5 calendar days for less than 8 weeks work , 14 calendar days after 8 weeks worked, 26 calendar days after 28 weeks.
There is also an agency clause:
The Company shall be entitled to suspend or terminate the Assignment forthwith without notice or liability at any time in the event of any of the following:
"The Client requests that the Services cease or that the Personnel be removed from the Assignment for any reason "
If I use the Clients clause I am entitled to another 2 weeks notice.
The agency disagrees siting the 'any reason clause' and is ignoring the addendum added by the the Client.
The contract appears unclear on the the notice period for early termination.
Should I persist ? or settle with the 2 weeks.
All advice welcome.
The Client terminated after 6 weeks back filling my role with permanent employee as the contract was "too critical"
I negotiated 2 weeks notice during the termination interview and worked this with approved time sheets.
The contract has several clauses and an addendum added by the Client that says 28 calendar days notice would be given irrespective of week worked IE as below:
Where the Client requires Agency to terminate an assignment prior to the agreed end date for reasons
other than insufficient performance then Computer People shall provide four weeks notice in relation to
Professional/IT Contract Persons and shall reimburse Contractor/Personnel accordingly."
The agency's portion of the contract has a sliding notice period of 5 calendar days for less than 8 weeks work , 14 calendar days after 8 weeks worked, 26 calendar days after 28 weeks.
There is also an agency clause:
The Company shall be entitled to suspend or terminate the Assignment forthwith without notice or liability at any time in the event of any of the following:
"The Client requests that the Services cease or that the Personnel be removed from the Assignment for any reason "
If I use the Clients clause I am entitled to another 2 weeks notice.
The agency disagrees siting the 'any reason clause' and is ignoring the addendum added by the the Client.
The contract appears unclear on the the notice period for early termination.
Should I persist ? or settle with the 2 weeks.
All advice welcome.
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