Immediate termination clause

[oversteer]

Contract states one month's notice - which seems generous - but then has a clause allowing the employment agency to "cease work at any time" if "..the client is dissatisfied with the consultancy"

Obviously this is an easy one to fall back on, is this a standard clause in these contracts or should I get it removed ?

Bauer & Cotterel will only check for IR35, I'm assuming? They won't advise on general contractual law etc ?

[pmeswani]

Contract states one month's notice - which seems generous - but then has a clause allowing the employment agency to "cease work at any time" if "..the client is dissatisfied with the consultancy"

Obviously this is an easy one to fall back on, is this a standard clause in these contracts or should I get it removed ?

Bauer & Cotterel will only check for IR35, I'm assuming? They won't advise on general contractual law etc ?

To ask for the clause to be removed would, I believe, suggest mutuality of obligation, which is not a good pointer for being outside IR35. I would suggest leaving that clause in. However, I would look to get a shorter notice period in your contract (ideally 1 weeks notice).

I don't know what Bauer & Cotterel will check for, but I would expect them to check whether your contract is IR35 friendly, if that is what their business model states. You can only but ask for them to advise you on whether the contract is valid or not, but may involve you paying them an additional fee for them to provide you with an answer.

[northernladuk]

I can't see how on earth you are going to get that clause out. That is the one protecting the client from shoddy work or any other form of gross misconduct and allows them to terminate you immediately. Granted the wooly wording is unacceptable.

At best I would have them re-word the term 'dissatisfied' in to something more tangible and realistic such as..

is incompetent, guilty of gross misconduct or negligence in the provision
of the Services.
fails or refuses to provide the Services properly.
etc etc

At least then you have both agreed the terms in which immediate notice can be given and is a little more fair.

[tyut4669]

I recently had a new contract and had a similar dissatisfied clause in the contract. And, I managed to change the clause to something like gross misconduct.

It is best you speak to the agent and get it removed.

Can not see how this negates IR35, even proper businesses would be scared of seeing such a clause as they can not plan around it.

[AussieDigger]

You can always ring fence the clause by including the role spec in the contract as an Appendix and then also including a clause that they give you 7 days notice when defects arise to fix any issues....and also ring fence that immediate notice only applies to misconduct.....