UK Contracting Notice Period Legalities

[ASB]

I am well aware of this but you are reading far too much in to my post. It has the potential to go to court and all that stuff you said... but very rarely to almost never does for contractors.

Should the OP worry unduly about it.. no.. Thats all I was saying tongue in cheek. You did spot my post before it?

Rumbled.

[SimonMac]

I am a UK contractor with a registered limited company.

My contract stipulates that my agency can terminate the contract within 7 days notice, where as the I cannot give notice, and can only leave at the end of the assignment or extension offer.

Is this legal, and If I were to leave would they have the right to sue me for damages incurred by my absence for the remainder of the agreed contract period?

Well actually no they can't sue you as they could only do that if you were stupid enough to originally sign a dumb ass contract like that, oh you already have and now want to welch?!

[LisaContractorUmbrella]

A contract can be written, implied or verbal but, in order for it to be effective, it has to be entered into by two parties who are capable of understanding the agreement i.e. not drunk or mad. A written contract can contain anything you like but whether or not the terms that you include are legally enforceable is a different matter. IANAL but I think, in these circumstances, a legal bod reviewing the case would argue that the OP was capable of reading the contract and understanding the terms contained therein and would therefore reasonably understand the possible implications for his business and the recruitment business if the contract was breached.

[DaveB]

I am a UK contractor with a registered limited company.

My contract stipulates that my agency can terminate the contract within 7 days notice, where as the I cannot give notice, and can only leave at the end of the assignment or extension offer.

Is this legal, and If I were to leave would they have the right to sue me for damages incurred by my absence for the remainder of the agreed contract period?

It is a contract between your company and theirs, not you as a private individual.

Assuming you were in full possesion of your faculties and were in a position to sign on behalf of your Ltd co. when you signed it, yes it is legal and yes they *could* sue your company, not you personally, for breach of contract were you to leave early.

Whether they will or not is a different issue as had been discussed already.

Given the opportunity I would actually go back and request that the contract be amended to remove the 7 day period altogether and allow them to terminate with no notice at all, as this is a much stronger indcator for IR35 - See here for an explanation why.

[SimonMac]

A contract can be written, implied or verbal but, in order for it to be effective, it has to be entered into by two parties who are capable of understanding the agreement i.e. not drunk or mad. A written contract can contain anything you like but whether or not the terms that you include are legally enforceable is a different matter. IANAL but I think, in these circumstances, a legal bod reviewing the case would argue that the OP was capable of reading the contract and understanding the terms contained therein and would therefore reasonably understand the possible implications for his business and the recruitment business if the contract was breached.

Can we use someones dumb ass posts on an internet forum as proof of their failure to understand an agreement?