Contract Termination Terms

[djgrazy]

Just been offered a new contract where the termination period from them to me is 1 week, however I'm required to give 4 weeks notice. I asked them to change it to 1 week for both parties, they said the 1week/2week option is the best they can manage. Is there any legislation regarding this?

[malvolio]

No. Now renegoiate on the basis you don't want a notice period at all, which will help your IR35 status. Notice periods are for permies.

[Cooperinliverp00l]

How do you guys do it ? i have been contracting now for just over 3 years and every contract i have been offered there has only just been about a day between recieving contract and starting work. I don't think i could possibly going into negotiations about the terms. (have been lucky that all contracts are good) Do just simple not start until your happy with your contracts.

[Epiphone]

How do you guys do it ? i have been contracting now for just over 3 years and every contract i have been offered there has only just been about a day between recieving contract and starting work. I don't think i could possibly going into negotiations about the terms. (have been lucky that all contracts are good) Do just simple not start until your happy with your contracts.

As I understand it the last contract sent to wither party takes precedence sosend the agent a PCG one and make it very clear their terms are subject to negotiation.

Someone who's cleverer than me in such things will probably tell you better than I.

[Kess]

Reminds me of a question I've been meaning to ask. It might be stupid so be gentle...

I've been looking at my first potential contract (nominally 6 months); the Termination section has the usual clauses about the client having the right to terminate the contract if I fail to perform, unprofessional conduct etc., but then it has a general clause along the lines of "This Agreement may be terminated by either party by giving 1 week's written notice." No mention of any penalties etc.

Not sure if I've missed something but this sounds too easy (is such a clause normal?). What's the point demonstrating commitment by signing a 6-month contract if the client (or myself) can change their mind at a whim at any time?

[Gonzo]

Reminds me of a question I've been meaning to ask. It might be stupid so be gentle...

I've been looking at my first potential contract (nominally 6 months); the Termination section has the usual clauses about the client having the right to terminate the contract if I fail to perform, unprofessional conduct etc., but then it has a general clause along the lines of "This Agreement may be terminated by either party by giving 1 week's written notice." No mention of any penalties etc.

Not sure if I've missed something but this sounds too easy (is such a clause normal?). What's the point demonstrating commitment by signing a 6-month contract if the client (or myself) can change their mind at a whim at any time?

Yes its normal.

It is because you will be a business providing a service, not an employee.

[Kess]

Yes its normal.

It is because you will be a business providing a service, not an employee.

Fair enough, but if were to I sign up a business to do some work for me for 6 months and then, say, changed my mind just a week after signing I would expect to be penalised in some way. It seems odd to sign a contract with a specific duration if it can be so easily terminated at any time.

I feel sure I'm missing something here? :

[TheFaQQer]

Fair enough, but if were to I sign up a business to do some work for me for 6 months and then, say, changed my mind just a week after signing I would expect to be penalised in some way. It seems odd to sign a contract with a specific duration if it can be so easily terminated at any time.

I feel sure I'm missing something here? :

No - you're not missing anything. That's part of the risk of being a contractor.

One thing to be careful of (since it's your first contract) is a clause which means that they can terminate your contract without having to justify why. My first contract was terminated with no notice, out of the blue, by them activating the termination clause that said they could do so if they were unhappy with my performance. All it took was someone to say "we're not happy with your performance" and that was the end. Particularly annoying since I'd just extended for another 6 months, and I'd offered to walk that week if they didn't want me around.

[mashetti]

Just looked at one of my old contracts and the agent could give notice of 4 weeks but there was nothing in there about me giving notice because of the Client (ie Client imposed this but could have been BS) - is this normal or good(ir35)?

I know its an old and gone contract and luckily it was short and I didn't need to give notice but it seems a bit unfair for me as I would have at least thought whatever they get to give I get to give (except head ).
You never know what can come up and a notice period is a safety out clause...

If this came up again would you just ask for reciprocal notice period? Anyone else come across Client dictating notice period through agent or just a scam by agent to keep the £ rolling in?

[FiveTimes]

No. Now renegoiate on the basis you don't want a notice period at all, which will help your IR35 status. Notice periods are for permies.

I know that notice periods are for permies, but surely 5 days notice by both parties can't be too bad ?? You are giving them a chance to fill the role, whilst being professional about it ? Likewise from the client ?