Client terminating early

[CMC]

My contract was for an initial three months - this was then revised before the three months was up. The revision had an end date in 2007 and I accepted the extention.

Now the client wishes to terminate early - three weeks before the end date agreed. I have been told that I will only be paid up until the last day I work and not up until extended date. My contract also state that the notice period is one month - the agent says there is nothing I can do.

Any thoughts? Thanks

[Ardesco]

If you have a notice period of 1 month in the contract then you have a notice period of one month wheather the agent likes it or not and the agency have to pay it (As your contract is with the agency).

Explain this to the agency and tell them that you will get the courts involved if they don't pay it and there is a good chance they will roll over and offer you something.

[boxman]

In most cases the contract between the agency and the client will include a notice period even if the contract between yourco and the agency doesn't.

A cynical person (not me) might conclude that there might be an opportunity for the agency to bill for the notice period but receive an invoice from yourco for a period less than this (until your last working day) thus making an additional margin for the agency from the deal.

On the other hand it is not impossible either that any notice period in the agency->client contract is also not being honoured. In this situation the agency is unlikely to be in a strong position if it wants repeat business.

Assuming you're in business and aiming to be outside IR35 then forget notice periods and employment protection. Keep it simple and charge a rate to cover off the risk of having your contract terminated at any time. The benefit of this approach is that you also place yourself in a very good light with the client should yourco wish to work with them again in the future.

Just a thought...