Contract notice period

**expat** · 14 February 2007, 14:36

Originally posted by siliconglen

Hi

I was employed as a contractor on a 12 month contract with a 1 week notice period by the client in the first month and 2 weeks notice after that (4 weeks on my side, has anyone questioned the legality of the notice periods being different?)

Anyway, I started on 9th Jan at 8am. By my reckoning, the first month ended at 6pm or thereabouts on 8th Feb. Month 2 started 9th Feb at 8am. The agency is questioning my notice period and reckons they only owe me one week's salary. I disagree and I am claiming for the 2 week notice period.

IMHO your arithmetic is correct and they are just chancing it.

However, I dispute "I was employed as a contractor": these two are mutually exclusive, and therein lies another answer: there is no problem with the notice periods being different, because the applicable law is contract and not employment.

**Hedgehog** · 14 February 2007, 14:53

Hi,

I always insist that the notice periods on both sides are the same. However, I don't generally like having a notice period that's longer than 2 weeks either way anyhow. Agents often try to pressure you into accepting it saying "Well it doesn't look good from the client side of it," or some cr*p like that.

About your notice period - thats a tricky one. It would seem that you were 'within' your month - on the 9th Feb so based on that its seems to me that the agent might well be correct.

**tim123** · 14 February 2007, 16:49

Originally posted by siliconglen

on my side, has anyone questioned the legality of the notice periods being different?)

Yes, loads of people.

It's perfectly valid.

Just like it's perfectly valid for the other items that form the 'consideration' in the contract to be different.

tim

**hugebrain** · 14 February 2007, 16:55

is it good to have no notice period

In this case, you should get the 2 weeks notice which is a good thing.

Isn't it better in general to agree contracts so that the client can terminate with no notice to help avoid mutuality of obligation and keep the IR35 dogs at bay?

**siliconglen** · 14 February 2007, 22:53

query

Originally posted by Hedgehog

Hi,

I always insist that the notice periods on both sides are the same. However, I don't generally like having a notice period that's longer than 2 weeks either way anyhow. Agents often try to pressure you into accepting it saying "Well it doesn't look good from the client side of it," or some cr*p like that.

About your notice period - thats a tricky one. It would seem that you were 'within' your month - on the 9th Feb so based on that its seems to me that the agent might well be correct.

How do you work this out when I had done 1 month and 4 hours?

**siliconglen** · 16 February 2007, 12:21

update

Originally posted by Denny

You're right, you have done over 1 month so you are entitled to the two weeks. The EB are trying to screw you.

If you are not comfortably outside IR35 for this contract anyway then you may as well get the EB to pay up the full whack and then ignore the assignment on your CV. I would, however, think carefully whether to bother with a court action to recover the money though, if it's unforthcoming without much effort and a warning letter, because it's only a week's money and you need to calculate the time lost over the monies recovered if you have to attend court and pay solicitors costs and to file the small claim.

Do your sums first.

Agency have now come back twice after checking with their lawyers and insisted that only one week is due. However, I discussed it with the client and they are happy to pay the two weeks (obviously I did a good job) so I'll get my money regardless as the agency have agreed to forward this money on.

thanks for the help.

**tim123** · 16 February 2007, 13:46

Originally posted by siliconglen

after checking with their lawyers .

I wish I had a quid for every time a company had claimed this.

No, a penny a time will do, it will still be more than I can possibly spend in a lifetime.

tim

**ChimpMaster** · 16 February 2007, 13:55

Don't you just hate getting a 12 month contract only to have it bum out after a few weeks?

My previous 12 month contract turned into 24 months. However, I do symphathise with you because initially I kept thinking "what if they just apply the notice period?".

Contract notice period