notice period in contract

**beercohol** · 9 May 2008, 10:14

Originally posted by scooby View Post

one of the lads here is in the process renewing through his agency, and his original contract had no notice period, however there was one from the client side.

He asked for the notice period to match clients, i.e. 4wks. the agency are saying that due to IR35 there is no notice period for the contractor, and that they would need a v good reason to change it now as the original contract was signed.

Is there anything he can do to force this, or doesnt it matter? i've said he can agree with the client should he want to leave, or just not turn up, but he's worked through the agency for years and doesnt want to rock the boat as such.

Any advice please?

Its not unfair. Its in the contract (and contract means 'agreement'). Thats how it goes in business. But that's not the bad news necessarily.

Depending on how much the client values him, yes, he can give one very compelling reason!

Also he ought to respond robustly to his agency on that pathetic excuse about IR35. Almost all commercial contracts have some sort of termination clause where a notice period is given. This is standard b2b stuff. In fact he needs to make them feel ashamed at having submitted such a foolish excuse. Perhaps he can tell the agent that the whole client office, including the directors, are laughing at AgentCo.

It is now a game of deciding whether he wants to play hardball with the agency to get what he wants, and whether he feels he is in a strong enough position to feel confident about getting it.

It sounds as if the agency is happy to scoop up and keep the last 30-days money from the client when the client finally terminates, while giving your friend no notice at all.

Negotiate, negotiate. Agencies tend to cave easily in my experience, and if they don't, consider the options. That might mean biting the bullet, or it might mean keeping the options open for a better deal somewhere else tomorrow, next week/month etc.

**malvolio** · 9 May 2008, 10:43

Except...

Notice periods are a legal requirement for permies. Not having one means you are probably not a permie. Can you see how that might help an IR35 defence?

**beercohol** · 9 May 2008, 10:47

Originally posted by malvolio View Post

Except...

Notice periods are a legal requirement for permies. Not having one means you are probably not a permie. Can you see how that might help an IR35 defence?

Oh wait! Thats an excellent point.

**Dow Jones** · 9 May 2008, 11:13

Notice Period

I believe there should be one. Same as for b2b agreements, ie you can't cancel your car insurance without paying 1 m premium 'penalty'.
Used to argue about 'same notice length' contracts, but I don't anymore.
It's the total inequality that bothers me, I don't mind so much the 2 w/4 w in the client's favour, but the 0 w/4 w is totally unacceptable - like in the poster's contract. Cleearly the agency has a notice agreement with the client, shouldn't that be reflected in the respective one with us?

**BBM** · 9 May 2008, 11:20

I negotiated 4 weeks notice in my last contract. It hadnt been there before. Wasnt a problem for them ...

BBM

**SueEllen** · 9 May 2008, 11:28

Originally posted by Dow Jones View Post

I believe there should be one. Same as for b2b agreements, ie you can't cancel your car insurance without paying 1 m premium 'penalty'.

If you cancel insurance you pay an administration fee. This fee varies from £15 to £100. After that fee is deducted you get your pro-rata premiums back. Consumers have more protection in law then businesses.

Originally posted by Dow Jones View Post

Used to argue about 'same notice length' contracts, but I don't anymore.
It's the total inequality that bothers me, I don't mind so much the 2 w/4 w in the client's favour, but the 0 w/4 w is totally unacceptable - like in the poster's contract. Cleearly the agency has a notice agreement with the client, shouldn't that be reflected in the respective one with us?

Not all agencies have notice periods with clients there as the client can have a notice period with the agency. I only found that out by talking to one of my clients.

Probably the best thing to ask for is that the terms in the upper contract reflect the lower contract in regards to notice periods. If not then if the OP mate wants to get out of the contract then he has to use his right of substitution.

**NotAllThere** · 9 May 2008, 11:30

You have a choice, accept it or not. And if you don't accept it, negotiate.But don't whinge about it.

When i was hiring, if you wanted the contract, I could dispose of you immediately, and you could not give notice. If that wasn't acceptable, then you were free to seek other contracts.

notice period in contract