If client terminates immediately - can you get them to pay notice?

[TykeMerc]

Literally speaking you CAN get them to pay you notice, but it may need some serious good will on the part of the client or a friendly judge.

In reality with the type of contracts we end up signing you're more likely to be elected Pope than get notice from a client that wants rid of you.

[FatLazyContractor]

You could get a Notice period by raising tulip, but you may not be paid for it.

[tarbera]

No if they had a good reason

They should sue you if you were tulip

[SueEllen]

Literally speaking you CAN get them to pay you notice, but it may need some serious good will on the part of the client or a friendly judge.

In reality with the type of contracts we end up signing you're more likely to be elected Pope than get notice from a client that wants rid of you.

You mean the type of contract you sign.

There are contractors who do due diligence with their contracts so won't accept clauses like that.

All this means in reality is that a more cunning client will state there is no more work for the contractor to do so don't come in.

[Elliegirl]

Jesus, how many times has this been asked recently and the answer each time has been NO!

I got paid a whole week when my contract was cancelled. So it's not always no.

[paulinefowlersgrowler]

Thanks all.

Yes I think Im stuffed here to be honest. I can see whats going to happen - as per my other thread - client is possibly going to ask me to leave one day and end the contract with the agency and because of this clause I have no right to notice it seems. Fair enough I signed it I suppose.

Im a member of IPSE and seen this but Im guessing this clause in the contract will preclude this:-

Agency fails to honour a signed contract
Sometimes agencies just get things wrong, so IPSE will compensate a member if:

the contracted role is not as described by the agency and/or contracted for by the member and the member’s contract is terminated by the Agency
the agency terminates without the required notice period stated in the contract
the contracted role does not exist or is withdrawn after the contract is signed but before the on-site date
Compensation: £1000

[jamesbrown]

Thanks all.

Yes I think Im stuffed here to be honest. I can see whats going to happen - as per my other thread - client is possibly going to ask me to leave one day and end the contract with the agency and because of this clause I have no right to notice it seems. Fair enough I signed it I suppose.

Im a member of IPSE and seen this but Im guessing this clause in the contract will preclude this:-

Agency fails to honour a signed contract
Sometimes agencies just get things wrong, so IPSE will compensate a member if:

the contracted role is not as described by the agency and/or contracted for by the member and the member’s contract is terminated by the Agency
the agency terminates without the required notice period stated in the contract
the contracted role does not exist or is withdrawn after the contract is signed but before the on-site date
Compensation: £1000

The agency won't have terminated without the required notice period, because there is no notice period. Just read the contract more carefully in future and get a legal review for T&C so that you can have any questions answered (although, I have to say, the clause you quoted is perfectly clear).

[TheFaQQer]

If client terminates immediately - can you get them to pay notice?

If they have breached the contract, then you sue for damages to rectify the breach. If they haven't, then you could try the £1k from IPSE arguing that the role wasn't as described and the agency has terminated the contract. Don't know how you prove that, though.

[paulinefowlersgrowler]

If they have breached the contract, then you sue for damages to rectify the breach. If they haven't, then you could try the £1k from IPSE arguing that the role wasn't as described and the agency has terminated the contract. Don't know how you prove that, though.

Yeh See the clause though.....

[TheFaQQer]

Yeh See the clause though.....

I've read the clause. The insurance says that if the role is not as described and the agency terminates the contract, then they pay out £1k.

Worth asking the question, no?