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Notice period again

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    #11
    Originally posted by mudskipper View Post
    Does it say whether the addendum takes priority over the contract, or vice versa?
    Its this issue they caused me to challenge the notice period.
    The agency section heading of the section on notice period says:
    Unless varied in the Assignment Schedule, the Company may terminate the Assignment without cause and for
    whatever reason by giving written notice of:


    and this clause in fact varied by the addendum inserted by the Client - the addendum is later in the contract document so assume takes precedence - I am guessing the Agent has a standard contract & the Client has added their bit - (covers the number of hours working per week as well)
    As someone else commented they are squirming & have now pointed at the 'any reason clause'
    I suspect I would have to go to court & might just take the 2 weeks & run as others have advised.

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      #12
      Originally posted by mudskipper View Post
      Does it say whether the addendum takes priority over the contract, or vice versa?
      This is the important thing, although courts are reluctant to rely on a hierarchy clause unless there it can only be resolved that way.

      See Data Direct v Marks & Spencer, RWE Npower v Bentley (court of appeal) and CLP v Singh for examples - CLP v Singh relied on the hierarchy clause because there was an absolute conflict that couldn't be solved otherwise.

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