24 Hour given notice period

[Euroconsult]

This is the first time i have had to seek advice in 20+ years, but I want to ask other contractors what they know about a 24 hour notice period.

So heres the story: I was approached by a UK company for a 6 month contract with one of their clients, the company employed 30+ people at the client site both in the Uk and on mainland Europe. The company used an agency as the front man into this company, so although my contract was through the consultancy upstream there was the agent.

After 8 weeks on site all settled in we were told that the consultancy had broken a "conflict of interest" clause and from that point we were all given 24 hours to vacate our contracts.

The question is that my contract states 20 days notice, since the issue is not my fault in any way but that of either the consultancy or agency, I would like to know where I stand and if anyone else has ever experienced this before?

[TykeMerc]

This appears to be a case of the consultancy losing the contract so they're not going to provide more work. The consultancy who have contracted you and your colleagues are being chucked off site.
Read your contract, odds are that there is no Mutuality of Obligation so they're not obliged to offer you work.

As has been pointed out countless times on CUK, notice periods in contacts are essentially worthless clauses. Bad luck, deal with it and move on.

[raphal]

Read about Opt in/Opt out agency regulations in the sticky posts. I guess you would have opted out of regulations. Also look for a clause in your agreement with your agency that says if the agency doesn't get paid by the client then they will not pay you.

[Euroconsult]

Read about Opt in/Opt out agency regulations in the sticky posts. I guess you would have opted out of regulations. Also look for a clause in your agreement with your agency that says if the agency doesn't get paid by the client then they will not pay you.

This is nothing to do with no one paying, I will be paid up until the last day, however I will not get a 20 day notice. this is due to some stupid underlying clause in the agency agreement with the end client.

[Euroconsult]

7. Termination

7.1. The Authority may terminate this Agreement or any one or more of the Schedules in the following

circumstances:

7.1.1. The Supplier has committed any serious or persistent breach of any of its obligations under this

7.1.2. The Authority reasonably believes that the Supplier has not observed any condition of

7.1.3. Gross misconduct;

7.1.4. The Consultants or the Supplier going into liquidation or having a resolution passed winding it up

Agreement;

confidentiality applicable to the Supplier from time to time; or

7.1.5. If in the reasonable opinion of the Authority the Consultant fails to perform the Services in a

(save for the purposes of amalgamation or reconstitution) or the Consultant becoming

bankrupt.

timely and professional manner to the standard of competency reasonably to be expected by

the Authority or otherwise fails to supply the Services in accordance with the terms of this

Agreement; and the Consultant fails to address such performance or remedy the breach within 7

days of receiving notice requiring it to do so.

7.1.6. Any member of the Supplier’s staff is guilty of any fraud, dishonesty or serious misconduct

7.2. The Supplier may terminate this Agreement forthwith after any payment due from the Authority

remains unpaid for 30 working days from the date of the invoice.

7.3. The Supplier may also terminate this Contract by giving not less than the Notice Period as defined in

1.10 to the Supplier before the intended Term

7.4. Termination by either party shall be without prejudice to any antecedent breach and the Authority

shall pay to the Supplier all fees due down to the date of termination.

7.5. The Supplier acknowledges that the continuation of the Assignment is subject to and conditioned by

the continuation of the contract entered into between the Authority and the End Client. In the event

that the contract between the Authority and the End Client is terminated for any reason the

Assignment shall cease with immediate effect without liability to the Supplier.

[SpontaneousOrder]

This is nothing to do with no one paying, I will be paid up until the last day, however I will not get a 20 day notice. this is due to some stupid underlying clause in the agency agreement with the end client.

If your agency is not paid by the client for those 20 days of notice, then they cannot pay you for 20 days of notice (if there is such a clause).

[SpontaneousOrder]

7. Termination

7.1. The Authority may terminate this Agreement or any one or more of the Schedules in the following

circumstances:

7.1.1. The Supplier has committed any serious or persistent breach of any of its obligations under this

7.1.2. The Authority reasonably believes that the Supplier has not observed any condition of

7.1.3. Gross misconduct;

7.1.4. The Consultants or the Supplier going into liquidation or having a resolution passed winding it up

Agreement;

confidentiality applicable to the Supplier from time to time; or

7.1.5. If in the reasonable opinion of the Authority the Consultant fails to perform the Services in a

(save for the purposes of amalgamation or reconstitution) or the Consultant becoming

bankrupt.

timely and professional manner to the standard of competency reasonably to be expected by

the Authority or otherwise fails to supply the Services in accordance with the terms of this

Agreement; and the Consultant fails to address such performance or remedy the breach within 7

days of receiving notice requiring it to do so.

7.1.6. Any member of the Supplier’s staff is guilty of any fraud, dishonesty or serious misconduct

7.2. The Supplier may terminate this Agreement forthwith after any payment due from the Authority

remains unpaid for 30 working days from the date of the invoice.

7.3. The Supplier may also terminate this Contract by giving not less than the Notice Period as defined in

1.10 to the Supplier before the intended Term

7.4. Termination by either party shall be without prejudice to any antecedent breach and the Authority

shall pay to the Supplier all fees due down to the date of termination.

7.5. The Supplier acknowledges that the continuation of the Assignment is subject to and conditioned by

the continuation of the contract entered into between the Authority and the End Client. In the event

that the contract between the Authority and the End Client is terminated for any reason the

Assignment shall cease with immediate effect without liability to the Supplier.

Who is the Authority, and Supplier?

That reads to me, very clearly (with some assumptions), that if the consultancy loses the contract then you are terminated accordingly and immediately.

[BolshieBastard]

Who is the Authority, and Supplier?

That reads to me, very clearly (with some assumptions), that if the consultancy loses the contract then you are terminated accordingly and immediately.

Im absolutely shocked (yes, seriously, where has the OP been?) that someone with supposedly 20+ years in contracting is even asking the question. Is this a case of a permie-tractor finally realising what contracting really entails?

[tractor]

....

Who is the Authority, and Supplier?

That reads to me, very clearly (with some assumptions), that if the consultancy loses the contract then you are terminated accordingly and immediately.

Precisely, the clause is worthless here without the definitions for context.

[TheCyclingProgrammer]

Would it make you feel better OP, if they said "here's your 20 day notice, but I'm afraid we have no work for you in that period so you do not need to come in."?