Change of notice period - legalities

**Sally@InTouch** · 5 October 2012, 09:15

IR35 wise its good

**malvolio** · 5 October 2012, 09:15

Originally posted by kingcook View Post

Just wanted to run something by the CUK massive...

I'm currently in contract (it's a renewal), started last month. BEFORE the contract was signed i'd agreed to have a 7 day notice period.

Anyway, contract came through with a 30 day notice period, so I thought what the hell and signed it anyway.

I've just had an email from agent with the contract to errr "re-sign" with the correct 7 day notice period as was verbally agreed.

I'm more than happy to do this personally, but doing so could this possibly come back to me and bite me on the arse? Legal wise, IR35 wise, or any way otherwise?

Why would it? Contracts are what is agreed between both parties. If you don't have a problem with the revision, then why not sign it?

**kingcook** · 5 October 2012, 09:27

It turns out that the client-to-agent contract doesn't exist at the moment.

It looks to me like the agent made a balls up with the notice period in the myltdco-to-agent contract, and unwilling to sign the client-to-agent contract until this revision with the myltdco-to-agent contract has been sorted.

Been onsite for a few weeks already

Would it be best to get myltdco and agent to sign and back date it and forget the existing contract that is in place? Or just sign with today's date and treat this as an amendment?

**northernladuk** · 5 October 2012, 09:38

Originally posted by kingcook View Post

Would it be best to get myltdco and agent to sign and back date it and forget the existing contract that is in place? Or just sign with today's date and treat this as an amendment?

Backdating it is fraudulent I believe. You are going to get in to more trouble doing this, particularly where there is absolutely no issue of just re-signing the contract.

As Mal says, if you both agree then sign. Where is the problem.

Just out of interest. Why are you on site for 3 weeks without a contract? This is a minor balls up but what if they had made a mistake with a 90 day payment period???

**kingcook** · 5 October 2012, 09:44

Originally posted by northernladuk View Post

Backdating it is fraudulent I believe. You are going to get in to more trouble doing this, particularly where there is absolutely no issue of just re-signing the contract.

As Mal says, if you both agree then sign. Where is the problem.

No problem (in my head at least). Just wondered if there would be anything that I wasn't aware of.

Originally posted by northernladuk View Post

Just out of interest. Why are you on site for 3 weeks without a contract? This is a minor balls up but what if they had made a mistake with a 90 day payment period???

I do have a contract with the agent, signed by both the agent and myself.

I was unaware of the missing client-to-agent contract until now.

Change of notice period - legalities