Failure by client to meet contract terms...

[Signo_cypher]

My current contract is coming to an end soon; I have a contract caught by IR35 and conversely have a clause stating that a 28 day notice period is required. I have it on good authority that I will probably only get a week’s notice, if this happens I will take it on the chin, move on and get another gig.

But….from a legal perspective is there anything I can do?

My point is I would be held to the full 28 days should I wish to leave, and it would annoy me should they only give me week. I know if I were contracting for real with proper b2b terms a notice period would not apply and I should count myself lucky that I might get a weeks notice, but what’s the point of the clause if they don’t abide to it?

Comments welcome….

[Pondlife]

What does their notice perios state? It maybe a case of 28 days for you but only 7 for them. Also, if your contact comes to the end of its duration, no notice period is required.

HTH

[adart]

I was in a very similar position a few contracts ago.

As always an informal chat with your client helps to iron out these problems.

Client wanted me to do a handover of all my work within 7 days notice.
I "declined" to do the handover bit. After some "reflection" they agreed to give me longer to tie up the loose ends etc. and all finished amicably.

[Signo_cypher]

What does their notice perios state? It maybe a case of 28 days for you but only 7 for them. Also, if your contact comes to the end of its duration, no notice period is required.

HTH

The contract states:

11.1. An Assignment may be terminated by either the Employment Business or the Contractor by giving the other party in writing notice, as is specified in the Assignment Confirmation note.

the confirmation note states 28 days.


Having read that back the EB have to give me 28 days notice not the Client?

"Also, if your contact comes to the end of its duration, no notice period is required"

Is that true? So if nothing is communicated and my contract end date arrives, i can be told to do one?

[Bluebird]

The contract states:

11.1. An Assignment may be terminated by either the Employment Business or the Contractor by giving the other party in writing notice, as is specified in the Assignment Confirmation note.

the confirmation note states 28 days.


Having read that back the EB have to give me 28 days notice not the Client?

"Also, if your contact comes to the end of its duration, no notice period is required"

Is that true? So if nothing is communicated and my contract end date arrives, i can be told to do one?

It looks like you have got a 28 day agreement, which if they terminate you early you should seek compensation from the EB initially for this.

If your contract comes to an end, yes they are free to wave goodbye, but if they haven't mentioned about extension - then I'd be out there looking for roles now - also no harm in telling the client thats what you're doing as you've had no indication of an extension.

[tay]

I think I have the exact same clause. Bit bummed out by it as it does seem a bit of an IR35 magnet.

But I do have the substitution clause, and only going to be here 6 months to cover a particular staff shortage and advertise my company elsewhere apart from through agents... still worried about the 28 day notice in the contract.

[NotAllThere]

I think it is more the other way. No notice implies no MOO implies outside IR35. Almost silver bullet. Notice in and of itself is ambivalent. You have to give your mobile phone service provider notice, but you don't employ them.

[Signo_cypher]

It looks like you have got a 28 day agreement, which if they terminate you early you should seek compensation from the EB initially for this.

If your contract comes to an end, yes they are free to wave goodbye, but if they haven't mentioned about extension - then I'd be out there looking for roles now - also no harm in telling the client thats what you're doing as you've had no indication of an extension.

Thanks for the answers so far guys! Client is notorious for leaving extensions till the last week!

Update: Gonna start looking any how as I see my role is advertised on the company intranet


"compensation from the EB " what can I expect in regards to compensation? Or is that a silly question

[Bluebird]

realistically, you should get whatever you are owed, but my guess is the EB won't pay up without a client authorised timesheet - shich you wont get.

as you are "employed" by the EB you should see a solicitor.

[NotAllThere]

If you're opted in, then if you've done the work, you get the dosh. Still may need to see a solicitor, though.