Not able to give notice

[zippy.mini]

I've just been offered a 7 month contract. Client can terminate with one week's notice, I can't give notice and am obliged to work the full contract.
This clause is nothing new to me, I've worked for ibm for years who have the same terms, but an agent yesterday (one who wants me to be flexible in case a company I've just finished working for decides they want me back) advised me to get a notice period added. He said it would be bad if I suddenly became unable to fulfil the contract due to accident or illness or something, because then my company would become liable....
Does he have a point? In reality, what liability would I have if I wasn't able to find a substitute? Or is he just trying to scare me so I can be available if previous client wants me? (I've already said I don't work like that, they let me leave at end of last contract, can't expect me to be at their beck and call. I don't want to upset new client anyway as may be more work there too in future.. Etc etc)

[LondonManc]

If you're happy with all the other T&Cs, travel arrangements, etc. and have adequate health insurance then there shouldn't be anything in theory to stop you doing the 7 months. The only thing you might want to consider is the possibility of a rate cut. Have a line in there dealing with that but accepting the no-notice clause and you should be fine. I know of one Canary Wharf clientco that likes no-notice contracts and rate cuts.

[northernladuk]

You've hit the nail on the head with the comment in brackets. Agent is only looking out for himself in the hope you'll can the new gig and go back with him. Don't take advice from agents, the only person that will benefit from any advice an agent gives is the agent.

Ignore him and carry on.

[cojak]

You've hit the nail on the head with the comment in brackets. Agent is only looking out for himself in the hope you'll can the new gig and go back with him. Don't take advice from agents, the only person that will benefit from any advice an agent gives is the agent.

Ignore him and carry on.

WNLS.

The agent doesn't give a toss about you, in fact he wouldn't care if you damaged the relationship with your client because he can't get anymore money out of them.

If you are happy with no notice period then ignore the agent.

[cojak]

If you're happy with all the other T&Cs, travel arrangements, etc. and have adequate health insurance then there shouldn't be anything in theory to stop you doing the 7 months. The only thing you might want to consider is the possibility of a rate cut. Have a line in there dealing with that but accepting the no-notice clause and you should be fine. I know of one Canary Wharf clientco that likes no-notice contracts and rate cuts.

I would treat a rate cut as a change to the terms of the contract, thus allowing me to terminate.

Is this not the case?

[cojak]

And you are quite right about this.

(I've already said I don't work like that, they let me leave at end of last contract, can't expect me to be at their beck and call. I don't want to upset new client anyway as may be more work there too in future.. Etc etc)

[zippy.mini]

Thanks chaps, I never worried about this in previous contracts, in fact thought it was good for IR35, but he got me thinking exactly what I could be liable for if I couldn't complete the contract for any reason.

And I agree with Cojak - a rate decrease gives me a get out clause - take it or leave it is usually the way it's put. So you take it and stay or leave it and leave...

[LondonManc]

I would treat a rate cut as a change to the terms of the contract, thus allowing me to terminate.

Is this not the case?

I'd hope so but I hear that a particular ClientCo aren't even offering you the chance to tell them to go forth and multiply. Guess it's more a case of going in on a higher figure and once you breach a rate that you don't like, don't extend or renegotiate the rate on next extension. That's certainly the way I'd play them.

[northernladuk]

I'd hope so but I hear that a particular ClientCo aren't even offering you the chance to tell them to go forth and multiply. Guess it's more a case of going in on a higher figure and once you breach a rate that you don't like, don't extend or renegotiate the rate on next extension. That's certainly the way I'd play them.

Eh. I don't understand. They can reduce your rate Willy nilly and you are still bound to the contract with no say? That can't be right. The rate is a fundamental element in a contract so if that's changed the contract has been breached (or whatever the legal term is). Maybe I'm not understanding something about your situation.

[jmo21]

I would treat a rate cut as a change to the terms of the contract, thus allowing me to terminate.

Is this not the case?

Either way, that's not usually the way it happens.

They tell you they are terminating if you do not accept a rate reduction.