Problem with the conditions of a contract..

[ASHGOON]

Hey all, hope you can help. I've been given a 6 month contract at a bank, which has a termination clause stating the business can terminate the contract with 14 days notice. However, the same clause also states the following:

"This is a fixed term contract where the Consultancy has to complete the contract duration. The consultancy cannot end the contract prior to this end date. The employment business can terminate the contract by giving 14 days notice in writing."

Can someone tell me whether this is acceptable, or do I need to get the agency to rewrite the clause, so that "the consultancy" can also terminate the contract with 14 days notice.

Thanks in advance.

[Sockpuppet]

Its good. You don't want notice periods as they are an IR35 pointer.

However you should be able to terminate early if you want. I'd suggest adding some break clauses saying that you can terminate at month 2 and 4 if required.

In reality notice periods mean tulip. If you want to end the gig just walk into your bosses office and flop your dick on his table. Sorted. Next.

[ASHGOON]

ok thanks - good advice. didn't think it'd be a problem, just wanted to make sure as others at the company said their contracts didn't have any restrictions - i'll see if i can get the agency to add the breakout stuff into the contract - cheers!!

[malvolio]

And if you can't don't worry too much. No notice on your side is a good thing.

[Vito]

Wouldn't worry about it...don't even bother asking the question. Regardless of what is written down, if you walk out at any stage prior to the end of the 6 months (with or without notice) it will be considered bad form and you won't get any more work with them...

[Kyajae]

Wouldn't worry about it...don't even bother asking the question. Regardless of what is written down, if you walk out at any stage prior to the end of the 6 months (with or without notice) it will be considered bad form and you won't get any more work with them...

Every agency I've worked for has to agree my company's term that I reserve the right to terminate in the contract becomes adverse. I've had situations of permies engaging in outright bullying and undermining and no support from the people on site.

If the agency refuses to agree to this term then 'feck off and shove the contract up yer ring piece' is usually a term they do understand.

[Lewis]

I've had this clause before and insisited on it being changed to a mutual notice period. Always had contracts IR35 reviewed and this has never been a problem. Only had to use notice period once in 10 years but I'm glad I had it as was working in a hell hole! My concern with no notice period (and this may be invalid) was that I might be able to be sued for leaving early.

[Sockpuppet]

After my last contract I am asking for no notice period on either side. They aren't worth the paper they are written on.

[Lewis]

After my last contract I am asking for no notice period on either side. They aren't worth the paper they are written on.

I'm tempted to agree ... once one side doesn't want to continue there seems little point hanging around for a week or month.

[boredsenseless]

Surely the answer is simple.

If they want you enough they'll change any clause you ask to be changed.

If you want it enough you'll agree to any clause they insist on.

If you don't fall into either of the above, then the onus is on you to decide if you will work under those conditions, if you won't then walk away.

They have good reasons for their notice periods. Recruiting staff and bringing them up to speed costs time and money, and most finance contractors will walk at a moments notice if someone offers more. Flip side is though if you've got a muppet who is giving good interview they are stuck for 6 months if he's no good.

Yes the terms aren't fair, but life isn't, if you want fair go permie...