No termination length in contract

[Carp3Di3m]

Hi

I tried to resign from my contact and the agency is trying to get 1 month notice period which they have with the client.

I checked my contract and now date stated then in she duke 1 document.

That document doesn't mention anything either. I checked all provided documents and nowhere any timeline of notice period. I had an ir35 check on the contract and it failed several times and they still haven't provided a ir35 proof contract.

As I am not accepting a one month notice the are considering not to pay me.

What are my rights in this case?

[northernladuk]

So you are saying there is no clause about termination period and notice? If that was the case then you can't give notice. If they are allowing a 1 month period then I'd accept that because the contract sounds like they don't have to.

They have to pay you for the time worked but they can also sue you for breach of contract. They are just skipping a couple of steps and keeping hold of your money which is wrong but to be expected.

Why on earth did you start without you contract sorted first? You'll never get it altered once you've started.

Aren't you now worried you've done a contract that is effectively inside but accounted for it being outside so the agent not paying you is the least of your worries?

[Carp3Di3m]

Sorry forgot to add

Schedule states

which in the absence of any express reference in such Schedule, shall be the period of notice that the Company (which is agency) must give to the Client (XYZ))”

I know but it was an urgent role and I was on the bench for a few weeks as one huge American company pulled out the gig after 6 weeks

[northernladuk]

Sorry forgot to add

Schedule states

which in the absence of any express reference in such Schedule, shall be the period of notice that the Company (which is agency) must give to the Client (XYZ))”

I know but it was an urgent role and I was on the bench for a few weeks as one huge American company pulled out the gig after 6 weeks

There you go then. It's a month.

[Carp3Di3m]

Thanks for the fast response.

[northernladuk]

You are welcome. Read your contract properly next time and good luck on your IR35 investigation.