Terms Not Mirrored - Muppets

[Sockpuppet]

Right.

Just spoke to agency. My contracts with them were fixed term. i.e. 3 months, then 3 month extension.

However I've just found out that their contract with the client had me listed as a continuous contract with no termination date.

The client is now insisting that I do 4 weeks notice period when a) my contract finishes in 2 weeks b) my notice is 7 days (yeah notice for permies I know).

Reet. Who do I sue

[BrowneIssue]

However I've just found out that their contract with the client had me listed as a continuous contract with no termination date.

I am pretty damn sure that is not possible in UK contract law. You cannot have a "it never ends" contract.

I might even be fairly confident it invalidates that contract entirely.

Seek proper advice...

[BrowneIssue]

I'm talking rot.

My contracts with them were fixed term. i.e. 3 months, then 3 month extension.

Good.

However I've just found out that their contract with the client had me listed as a continuous contract with no termination date.

That has nothing to do with you. None of your business.

The client is now insisting that I do 4 weeks notice period when a) my contract finishes in 2 weeks b) my notice is 7 days (yeah notice for permies I know).

Ain't life bitch - for them.

Reet. Who do I sue

Nobody. If anything the client sues the agent.

What you do is smugly tell the agent you will do the work they have committed themselves into providing for an extra 15%. (or whatever you reckon their margin is)

[TheFaQQer]

What you do is smugly tell the agent you will do the work they have committed themselves into providing for an extra 15%. (or whatever you reckon their margin is)

65%

[Sockpuppet]

65%

Damn straight. I told them if they wanted me to stay I wanted another £175 a day. Which is what I'll be better off at this new contract (not just monetary wise but less hours, no commuting, less diesel burnt etc so I calculated thats about £175 of Sockpuppet happiness).


That would be the case if I didn't finish on the Friday and start on the Monday week following.

Boomed!

[Turion]

I think you can just leave, based on your terms with the agency. Twill be their problem to solve.

But, don't expect it all your own way on this board though matey! Soon there'll be posts questioning your (lack of) professional attitude and that you should satisfy the clients demands no matter what. It's good for IR35 after all (because some people think that being a sucker is a pointer against IR35). Also expect to be compared to a plumber. After all, plumbers never walk off jobs do they, so why should you.

[SueEllen]

Right.

Just spoke to agency. My contracts with them were fixed term. i.e. 3 months, then 3 month extension.

However I've just found out that their contract with the client had me listed as a continuous contract with no termination date.

The client is now insisting that I do 4 weeks notice period when a) my contract finishes in 2 weeks b) my notice is 7 days (yeah notice for permies I know).

Reet. Who do I sue

You don't sue anyone. You act professionally.

You politely inform the client that issue is between them and the agency, and the terms of your contract with the agency who is acting as an employment business in this instance is different.

You then reiterate this in a polite email to ensure the client has a written record of the actual facts of the matter i.e. what the client said and how your terms differ. Get proof that the client actually got the email - either ask a question that needs an answer and/or send a read receipt.

You then terminate as per your contract.

If the agency decides not to pay your last invoice you take standard debt recovery procedures. As you have an email as written evidence of the differences if they choose to go to court they will lose.

[malvolio]

I think you can just leave, based on your terms with the agency. Twill be their problem to solve.

But, don't expect it all your own way on this board though matey! Soon there'll be posts questioning your (lack of) professional attitude and that you should satisfy the clients demands no matter what. It's good for IR35 after all (because some people think that being a sucker is a pointer against IR35). Also expect to be compared to a plumber. After all, plumbers never walk off jobs do they, so why should you.

You really haven't been listening, have you.

Sockpuppet - your contracted termination requirement is with the agency, so honour that one. If the end client has a problem as a result, they have it with the agency.

[Ardesco]

I think you can just leave, based on your terms with the agency. Twill be their problem to solve.

But, don't expect it all your own way on this board though matey! Soon there'll be posts questioning your (lack of) professional attitude and that you should satisfy the clients demands no matter what. It's good for IR35 after all (because some people think that being a sucker is a pointer against IR35). Also expect to be compared to a plumber. After all, plumbers never walk off jobs do they, so why should you.

He isn't walking out on the job, he has fulfilled his contractual obligation and is in the right. The problem is the agency's, who have signed a contract that they cannot fulfil.

Perfect time to whack up your rate IMHO, teach the feckers to not check their contracts before they sign them

[Turion]

You really haven't been listening, have you.

Sockpuppet - your contracted termination requirement is with the agency, so honour that one. If the end client has a problem as a result, they have it with the agency.

Hopefully you understood the first paragraph (that was the serious bit). Now the 2nd paragraph was written more in jest (the lighthearted bit)

Hope that helps. If you still haven't got it, try this