Trying to understand my contract vis-à-vis "Having my Cake and Eating It"

[I just need to test it]

Six months too late, some might argue.

Background. I am contracted to a consultancy who plonk me on a client site and to all intents and purposes wash their hands of me. The end client is the customer in my contract.

The customer is nearing the completion of the project I was contracted for. They have made me aware my name is on a list of likely departees. Nothing is confirmed but the word on the street is that I am out next Friday 14th. Here is the termination clause of my contract:

"Early termination of this contract by the
contractor must be accompanied by 4 weeks written notification. However, this contract will
automatically terminate if the customer terminates the services of the contractor."

So as I read it the customer has the power to terminate my contract immediately.

Naturally I have begun looking for another contract. The Perfect Contract has just turned up and I have applied for it.

This morning I was told by the customer that they may have "something else" for me. Details still to be revealed.

It's always nice to be wanted, of course, but contingent on me being offered both pieces of work I am honing an exit strategy.

Here's an extract from my contract, the second part of which I am wrestling with:

"Contractor has the sole right to control and direct the means, manner and method by which the
services required by this Agreement will be performed.

Contractor has the right to perform the
services required by this Agreement at any place, location or time as required by the Customer. "

What do you suppose that means? My "right" and the customer's "requirement" seem at odds.

My current plan is to simply say "Naa" to everything they put on the table, thereby forcing them to invoke the termination clause. But does that put me in breach of contract?

Your wise words, sarcasm, shared experiences (both related and unrelated) will be gratefully received.

[northernladuk]

The devil is in the details of your contract I think. If you are contracted to carry out a specific piece of work and that work has finished then the contract is done. Client is done with you and contract has been completed. To do another piece of work you need a new contract with schedule covering the new work. You don't want to take it up then fair enough and off you go.

The only problem is the wording of your contract. If you are some kind of airy fairy contract that just says you are stuck at that client then you are in a pickle. Get your contract out and read it carefully. If it is all about this particular piece of work and that is detailed then you are laughing. If it isn't then you really should be doing that. A cover all contract is going to smack of D&C.

On contract wording, that just looks like it's been created to pay lip service to IR35. Your right to do what the customer tells you to doesn't make sense at all to me.

[tractor]

...

Six months too late, some might argue.

Background. I am contracted to a consultancy who plonk me on a client site and to all intents and purposes wash their hands of me. The end client is the customer in my contract.

The customer is nearing the completion of the project I was contracted for. They have made me aware my name is on a list of likely departees. Nothing is confirmed but the word on the street is that I am out next Friday 14th. Here is the termination clause of my contract:

"Early termination of this contract by the
contractor must be accompanied by 4 weeks written notification. However, this contract will
automatically terminate if the customer terminates the services of the contractor."

So as I read it the customer has the power to terminate my contract immediately.

Naturally I have begun looking for another contract. The Perfect Contract has just turned up and I have applied for it.

This morning I was told by the customer that they may have "something else" for me. Details still to be revealed.

It's always nice to be wanted, of course, but contingent on me being offered both pieces of work I am honing an exit strategy.

Here's an extract from my contract, the second part of which I am wrestling with:

"Contractor has the sole right to control and direct the means, manner and method by which the
services required by this Agreement will be performed.

Contractor has the right to perform the
services required by this Agreement at any place, location or time as required by the Customer. "

What do you suppose that means? My "right" and the customer's "requirement" seem at odds.

My current plan is to simply say "Naa" to everything they put on the table, thereby forcing them to invoke the termination clause. But does that put me in breach of contract?

Your wise words, sarcasm, shared experiences (both related and unrelated) will be gratefully received.

You missed out some of the most important facts. What is the determination (end) date on the contract? What is the notice period on your side? Does the contract state that there is no MoO?

As for the points you are struggling with, it is possible that when the consultancy prepared the contract they didn't delete the stock clause which did not apply in your case. ISTM that it should be one or the other. Consultants and agents often make mistakes of this nature. One of my recent contracts was sent to me to sign and it still had the last contractor's private and company details filled in - go figure

[I just need to test it]

Thanks both. Actually there is no real detail. Though the scope was known and agreed prior to me starting there is n o mention of it in the contract. It talks, ominously, about me being a temporary staff member, and that I will work on a client site, and it names the client, but not which site.

I can give four weeks notice to terminate. The contract ends on NYE.

Gawd.

[tractor]

...

Thanks both. Actually there is no real detail. Though the scope was known and agreed prior to me starting there is n o mention of it in the contract. It talks, ominously, about me being a temporary staff member, and that I will work on a client site, and it names the client, but not which site.

I can give four weeks notice to terminate. The contract ends on NYE.

Gawd.

Can of worms is almost open.

IR35?
Umbrella or Limited or direct to consultant PAYE?

[northernladuk]

Thanks both. Actually there is no real detail. Though the scope was known and agreed prior to me starting there is n o mention of it in the contract. It talks, ominously, about me being a temporary staff member, and that I will work on a client site, and it names the client, but not which site.

I can give four weeks notice to terminate. The contract ends on NYE.

Gawd.

Bloody glad I am not in your shoes fella!! Good luck with that.

[Elliegirl]

I like the bit 'we might have something else for you'.
If it's anything like my last experience, go find yourself another job. Now.

[tractor]

...

Give notice take the next job. Put the ball in their court. Basically spell out what you are doing, negotiate the notice period.

In my experience what the Consultancy will do is find lots of left over bits of work that they can get you to do right up to the end of your contract.

And if they do, make sure that you get a new schedule amending the contract.