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Unequal termination clauses in contract

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    Unequal termination clauses in contract

    First time I've ever seen this. Just got a contract which says I have to give 4 weeks notice and the client has to give 2 weeks notice. Tier 1 US investment bank.

    Anyone else had one like this before? Agency said this is the clients policy and cannot be changed.

    Any creative ways of worming out of a 4 week notice period? All I can think of is getting a 2 week sick note.

    #2
    Originally posted by sira View Post
    First time I've ever seen this. Just got a contract which says I have to give 4 weeks notice and the client has to give 2 weeks notice. Tier 1 US investment bank.

    Anyone else had one like this before? Agency said this is the clients policy and cannot be changed.

    Any creative ways of worming out of a 4 week notice period? All I can think of is getting a 2 week sick note.
    Yes and I would not sign them. Notice has to be reciprocal or I am not interested.

    Then again I can afford to choose my clients, many may not be so fortunate. Walking into a 'spoons when they open might solve your dilemma.

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      #3
      Originally posted by clearedforlanding View Post

      Yes and I would not sign them. Notice has to be reciprocal or I am not interested.

      Then again I can afford to choose my clients, many may not be so fortunate. Walking into a 'spoons when they open might solve your dilemma.
      Clearly they know they can get away with it due to the pandemic. My initial thoughts is taking a 1 week holiday and a 2 week sick note, bringing it down to 1 week notice

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        #4
        We've been over notice periods a million times and this one is no different. You've been here long enough. Use the Google search by typing notice site:contractoruk.com/forums.

        Nothing wrong with unequal terms and 4 weeks isn't uncommon. And as we've also said a million times notice periods are irrelevant. If they want you gone they will pull the work so no more pay.

        If you want to get out of a 4 week clause you negotiate. None of this stupid sick note rubbish.

        Covered to death in the other threads so go have a look.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by sira View Post

          Clearly they know they can get away with it due to the pandemic. My initial thoughts is taking a 1 week holiday and a 2 week sick note, bringing it down to 1 week notice
          But seems its a very thinly veild excuse it won't hold up if it goes legal so forget all that rubbish. You negotiate an exit. They don't want someone there who doesnt want to be there so they will listen

          What exactly do you think they are 'getting away with'. Four weeks is pretty common and unequal does't matter a jot. What is it about a fairly standard term with very average figures that is irk'ing you?
          Last edited by northernladuk; 4 March 2021, 18:24.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post
            We've been over notice periods a million times and this one is no different. You've been here long enough. Use the Google search by typing notice site:contractoruk.com/forums.

            Nothing wrong with unequal terms and 4 weeks isn't uncommon. And as we've also said a million times notice periods are irrelevant. If they want you gone they will pull the work so no more pay.

            If you want to get out of a 4 week clause you negotiate. None of this stupid sick note rubbish.

            Covered to death in the other threads so go have a look.
            It's news to me that 4 weeks is common for contractors? Interesting. Never had longer than 1 week notice.

            Although my hunch is that a client that is unwilling to negotiate on Day 1 isn't going to negotiate after 6 months.

            Originally posted by northernladuk View Post

            But seems its a very thinly veild excuse it won't hold up if it goes legal so forget all that rubbish. You negotiate an exit. They don't want someone there who doesnt want to be there so they will listen
            Would a larage client really sue for a few weeks unpaid work?

            Comment


              #7
              Originally posted by sira View Post

              It's news to me that 4 weeks is common for contractors? Interesting. Never had longer than 1 week notice.
              Yes it is.

              Although my hunch is that a client that is unwilling to negotiate on Day 1 isn't going to negotiate after 6 months.
              Because when you want to leave it's an exceptional circumstance. You need to leave so prep your handover so it's as smooth as possible, tell the agent (that's who your contract is with don't forget) you str invoking notice but need to leave earlier. They'll go beserk as it's their commission they'll lose and the client won't be happy. Speak to your client and say you need to be gone in X weeks and it's a pretty hard stop but you've got everything ready to hand over and won't inconvenience them, they will grumble a lot and say OK or negotiate a different time. If you make it clear you need to leave by X and probably won't be turning up after then they've no choice. They will want rid because you are no longer committed to their work so fast handover and out.

              Would a larage client really sue for a few weeks unpaid work?
              A large client might not but an agent that's lost their commission is likely to threaten it. You are in clear breach so don't have a let to stand on. If you dick them about there is no chance you'll see your last pay. They legally can't withold it as they should pay you and then sue you but they know you'd have go legal and would a contractor sue an agent for a few weeks unpaid work
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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                #8
                BTW there is a possibility it's long and uneven because they've had contractors giving notice too often before. If it keeps happening they'll go to no notice at all.

                Barclays were used as a get by due to their derisory rates many years ago and got sick of people turning up until they got something better so put a no notice at all clause in. Contractors moaned but it was there because of other contractors.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by clearedforlanding View Post

                  Yes and I would not sign them. Notice has to be reciprocal or I am not interested.

                  Then again I can afford to choose my clients, many may not be so fortunate. Walking into a 'spoons when they open might solve your dilemma.
                  Rubbish. You can't legally offer those terms to an employee, so clearly you are not one. So what does that do for your IR35 defence folder?

                  Anyway, as a contractor, you don't want or need a notice clause since it will be utterly pointless anyway.
                  Blog? What blog...?

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    BTW there is a possibility it's long and uneven because they've had contractors giving notice too often before. If it keeps happening they'll go to no notice at all.

                    Barclays were used as a get by due to their derisory rates many years ago and got sick of people turning up until they got something better so put a no notice at all clause in. Contractors moaned but it was there because of other contractors.
                    Isn't this where the Limited Liability of an LTD is useful? Cheap to spin up an LTD just for Barclays.

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