Contract notice period

[Olly]

I signed an Agency contract at the end of November. The ‘Start Date’ is the 01/01/08.

I appears the relevant term is :
“You will provide the Client with the Service, commencing on the Start Date for the Contract Period (unless terminated sooner).”

According to the contract ‘Termination’ requires a 20 day notice period.
I interpret this to mean the contract is effective from the date signed and 20 day’s notice must be served to terminate it, irrespective of whether the ‘Start Date’ has passed.

What do you think?

There’s more… I’m currently working for the Agency for the same client on a contract with a 10 day notice period. This has been terminated and the Agency say that they have no need to give 20 day’s notice on the second contract with a ‘Start Date’ of 01/01/08.
Actually they are saying the second contract can be terminated without a notice period up until 01/01/08 begins.

thanks

[malvolio]

I signed an Agency contract at the end of November. The ‘Start Date’ is the 01/01/08.

I appears the relevant term is :
“You will provide the Client with the Service, commencing on the Start Date for the Contract Period (unless terminated sooner).”

According to the contract ‘Termination’ requires a 20 day notice period.
I interpret this to mean the contract is effective from the date signed and 20 day’s notice must be served to terminate it, irrespective of whether the ‘Start Date’ has passed.

What do you think?

There’s more… I’m currently working for the Agency for the same client on a contract with a 10 day notice period. This has been terminated and the Agency say that they have no need to give 20 day’s notice on the second contract with a ‘Start Date’ of 01/01/08.
Actually they are saying the second contract can be terminated without a notice period up until 01/01/08 begins.

thanks

You don't want a notice period, ideally, but we won't go through that again.

However, are you saying you aren't planning on turning up in January? In which case, I should talk to the agency now.

And who signs a contract that starts on a Bank Holiday anyway?

[Olly]

You don't want a notice period, ideally, but we won't go through that again.

Worked plenty of contract roles in my life - all required notice. You're right though, it's not the point I'm making.

However, are you saying you aren't planning on turning up in January? In which case, I should talk to the agency now.

The agency have explicitly told me not to come to work in Jan and the client won't let me on site. So, no, I'm not planning on 'turning up', I may need to contact the agency to ask them how they wish me to work the notice period though

And who signs a contract that starts on a Bank Holiday anyway?

I do of course, so that the two contracts run back to back. My clients are 24hr global operation. People work here on Bank Holidays unsurprisingly.

[malvolio]

Although not very back-to-back if you can't start it. You can't have it both ways.

The notice period is irrelevant if you can't fulfil the contract because of a third-party action, so you shouldn't be expected to work (or be paid for) the 20 days. If you really want to stay there, negotiate a fresh contract from a real start date. If you want to get legalistic, the agency have breached the current contract.

Alternatively, you can take the view that this is a non-MOO situation - there is no work so don't turn up. Equally, no work so don't get paid.

Finally, is the contract time-bound or for a number of days. Be careful, if the latter, that they don't simply add them to the end of the contract period. It's not your problem that the term has been curtailed.

And if you've worked plenty of contract roles, why don't you know the basics?

[Olly]

Although not very back-to-back if you can't start it. You can't have it both ways.

The notice period is irrelevant if you can't fulfil the contract because of a third-party action, so you shouldn't be expected to work (or be paid for) the 20 days. If you really want to stay there, negotiate a fresh contract from a real start date. If you want to get legalistic, the agency have breached the current contract.

Alternatively, you can take the view that this is a non-MOO situation - there is no work so don't turn up. Equally, no work so don't get paid.

Finally, is the contract time-bound or for a number of days. Be careful, if the latter, that they don't simply add them to the end of the contract period. It's not your problem that the term has been curtailed.

And if you've worked plenty of contract roles, why don't you know the basics?

Any second opinions please - I really could do with some good solid advice on this. Thanks

[malvolio]

Any second opinions please - I really could do with some good solid advice on this. Thanks

You just had some. Talk to a lawyer.

[Olly]

You just had some. Talk to a lawyer.

shush you ...let someone else have a go - any lawyers on here?

[ASB]

You don't really say what you are trying to achieve but in terms of what you have posted:-

- The notice period is in effect from when it says in the contract it is in effect. You don't highlight whether the contract is quiet on the subject. If it is then it starts from the date the contract was signed. [Opinions differ on this though, since there is no consideration there is an argument that there is no contract actually in force and it could therefore be unilaterally rescinded]

- You don't state that the agency have given you notice. You only say that they have said they don't need to give notice.

- If they have not given you notice they may or may not be in breach of the contract. It depends what the contract says about providing work.

- If they are in breach you could sue.

Overall to have any real idea one needs the entire contract, exact details of what the parties have said and done and preferably be a contract lawyer. IF you are looking for redress for the alleged breach you are going to have to talk to a lawyer.

[RandyW]

shush you ...let someone else have a go - any lawyers on here?

My advice is stop being such a little oik or we'll set Denny on you.

[Sockpuppet]

Why do people get so caught up with "Notice Periods". That is permie speak.

I think people need to realise that 20 days notice != 20 days pay. It means the contract can be broken at 20 days notice. The agy will just ask you to sit at home for those 20 days if you really push it and rely on the "under no obligation to offer any work" paragraph that is in the contract as well so they don't have to pay you.

Technically you can sign a 12 month contract and if only 1 day if offered you still have a 12 month contract - just not much income.