Termination Clause in Spring Contract

[Bash D Bishop]

I have concerns about the Termination Clauses on Spring Technology's contract.



Clauses 9.3.2 onward I can live with, but 9.3.1 seems to usurp all the others and says we can simply terminate without good reason. As this is a bog standard Spring contract I can imagine this has also caused concerns for others. Or am I simply misreading it?

[Mordac]

I have concerns about the Termination Clauses on Spring Technology's contract.



Clauses 9.2 onward I can live with, but 9.1 seems to usurp all the others and says we can simply terminate without good reason. As this is a bog standard Spring contract I can imagine this has also caused concerns for others. Or am I simply misreading it?

Unfortunately, this is not uncommon. Termination clauses are the least of your worries if IR35 is of any concern, and Spring are involved.

[northernladuk]

Did you have the contract checked by QDOS to see what they say. Technically threy could just stop giving you work and ask you not to attend for the rest of the contract which is effectively exactly the same.

[SueEllen]

Clauses 9.2 onward I can live with, but 9.1 seems to usurp all the others and says we can simply terminate without good reason. As this is a bog standard Spring contract I can imagine this has also caused concerns for others. Or am I simply misreading it?

The clause is bog standard in nearly all agency contracts.

You can, if you get professional help, get it changed so they can still terminate you but they can't do it for obvious nasty reasons.

There are contractors who have been terminated immediately for having fatal medical problems, serious family problems or simply being pregnant. Good clients in all those cases leave it to you to terminate the contract when necessary and in some cases have waited until the contractor has died. On the other hand bad ones terminate immediately even if you aren't actually going to leave until a few months later. Unlike in the first two scenarios in the third case there is some comeback under the law.

[northernladuk]

The clause is bog standard in nearly all agency contracts.
.

You sure about that? I don't remember having one saying without any reason.

[Mordac]

You sure about that? I don't remember having one saying without any reason.

Most of them do now, but some word it differently. The scary bit being "without any reason" and not having to give any.

[Wombat14]

Isn't this a good thing? I usually have to ask for contracts to be rewritten so that the employer doesn't have to give notice. There are plenty of articles like this:

However the subsequent judgement, in MBF Vs the Commissioners for HM Revenue & Customs, overturned the lower court’s ruling, following an appeal by Mr Fitzpatrick. Potentially important to contractors in a similar contractual chain, the judgement indicates that a right by the employer/end-user to ‘terminate without notice’ is likely to have a significant bearing on the applicability of IR35.

Because although Tribunal Judge Malachy Cornwell-Kelly agreed that much of the Mr Fitzpatrick’s terms were ambiguous and could be treated as creating either an employee or contractor relationship, Airbus’ right to terminate the contract without giving either notice or compensation was among the determining factors of his contract status.

[northernladuk]

Isn't this a good thing? I usually have to ask for contracts to be rewritten so that the employer doesn't have to give notice. There are plenty of articles like this:

Employer??? Really?

[Wombat14]

Slip of the finger! I do apologise.

[Bash D Bishop]

Thanks all.

I haven't had it reviewed as I felt that I would be wasting money as Spring seem to have a 'take it or leave it' approach. The timescales don't allow it either as my start date is very quick. Having been out of contract for 3 months, with nothing much on the horizon, I cannot afford to lose this role. It is with a very reputable organisation so hopefully their ethics will prevail.