Notice period - 3 month @#%$

**Mozza** · 18 October 2004, 13:14

Notice period - 3 month @#%$

I think the 3 month contract I am on, gives them a weeks notice to myself and like yours there is no mention of notice from myself.
So what?, contract are not meant to be fair, if you don't like it ask them to change it or look for another contract.

I figure I would only quit if something really good or really bad happened to myself or someone close to me. (i.e. that dream job in Bermuda lands in my lap, or Kylie dumps that French knob of a boyfriend of hers and wants me to fly out to keep her company straight away, or on the other paw, something less palatable which means I cannot go back to work for the forseable future)

If any of these were to happen then the last thing I would care about is this 3 monther, so I sign it and smile.

I don't know whether it would help re. IR35. I suppose it points towards your company taking a financial risk compared to a permie contract.

Moz

**MarillionFan** · 19 October 2004, 16:04

Dont sign it.

If you dont like it get them to change it.

**lilelvis2000** · 9 November 2004, 21:39

Agreed, don't sign or strike that clause out.

In my experience...a contractor can be given the boot at any moment anyway. and similarily a contractor can walk out on a contract - though it is not good practise to do so.

As it is only for three months, I can't imagine the client expecting you to want to leave early...but you can always ask for a get out clause. Though, it might indicate your lack of commitment to the contract.

Salik.

**terotech** · 15 November 2004, 13:17

lilelvis2000:

<quote>
In my experience...a contractor can be given the boot at any moment anyway
</quote>

A couple of years ago I worked for a big name bank in the city, before I even started the contract the agent and client were both aware that I had a 4 week holiday booked (28 days coincidentally), the notice period in the contract was 28 days. The same day that I was due to fly out of the UK the client suspended all IT projects because of 'budget shortfalls' (This client had over 50 contractors on site, the majority supplied by Accenture). because I was on holiday for the 28 days the agent invoked the notice period and informed all contractors (including me) of this.

Great!, I thought 28 days worth of pay whilst I am away, but the agent refused to pay because 'I was not available for work' and when I had a solictor/lawyer look into it the bottom line is that if a term in a contract is not deemed as 'fair' by the courts then it isn't enforceable.

If anyone can offer there two 'pennorth then please feel free, but in my books 7 days is a fair amount of notice period.

Edited:- Oops! sorry I wrote Pwc when I meant Accenture. Silly me for getting them confused ....

**Viking** · 15 November 2004, 14:33

I had a similar problem with an agency many years ago who refused to pay notice even though it was included in the contract. After a couple of years with the lawyers, they eventually settled and paid costs (which were double the notice period, should've been a lawyer).

In regard to the notice period issue, the courts would impose UCTA and throw this part of the contract out as being unfair and one-sided. So until such times as you need to enforce this notice period, I wouldn't worry about it. Also, bear in mind that as this clause would be thrown out by the courts, you could insist the client pay you to the end of the three month contract if they decided to terminate you in the first week.

**BlasterBates** · 16 November 2004, 13:17

Hardly seems worth arguing about for a 3 month contract.

Notice period - 3 month @#%$