Legal Advice - No notice contract?

[gdm]

Hi All,
Have a concern I wanted to get some advice on.

A few weeks back I started a new contract, but had a devil of a time actually getting the contract from the shoddy agent (setup is a bit odd, agent is contracted by the customer to deliver, so my contract is with the agency not the customer).

Anyway, I didn't get the contract until after I started. Now however, a colleague has attempted to give notice and I've suddenly realised our contracts have no notice period (for us, they can serve notice on us at any time). When she attempted to negotiate a fair notice period (3-4 weeks), the agency came back and told her she had to work at least another 8 or 9, or face a lawsuit.

It's relevant because I am also looking to leave, but don't want the threat of litigation hanging over my head. This surely can't be legal?? One point of note, the agency claims I approved the terms of the contract, but I've never sent them any email/latter/verbal confirmation that I agreed with the terms.

Any advice would be appreciated. Thanks!

[Alf W]

Do the contracts have some sort of clause in them suggesting there is no mutuality of obligation? ie Client isn't obliged to give you work and your company isn't obliged to provide someone to do it. If so, notice periods are almost irrelevant.

[gdm]

No, they can serve notice almost on the spot. I can honestly say I've never seen terms like this before....

[ratewhore]

No, they can serve notice almost on the spot. I can honestly say I've never seen terms like this before....

No notice contracts are pretty common and I've heard of pimps getting tough and threatening court.

Of course, just because you're in a contract doesn't mean you have to attend does it? Just tell em you're not in the office for a few weeks, no reason given.

Of course, don't expect a nice reference...

[RichardCranium]

My life's mysteries, number 17,406:

My contracts frequently say I cannot give notice.

Yet other people's never do, unless they have to read them for some reason.

So, you started without reading the contract. And now you don't like the terms.

Well, ain't life a bitch.

You f***ed up and learned something for next time.

Get a contract BEFORE you start, fool.

The READ IT before signing it.

Enjoy the rest of your contract.

[gdm]

Wow, this is common? I guess I've just been lucky, I've always seen contracts where the notice was equal on either side. With that being said, I've only had to leave a few, and I've always tried hard not to burn bridges.

But jeez, if you give adequate notice and they threaten litigation, I think its time to break out the matches...

[gdm]

My life's mysteries, number 17,406:

My contracts frequently say I cannot give notice.

Yet other people's never do, unless they have to read them for some reason.

So, you started without reading the contract. And now you don't like the terms.

Well, ain't life a bitch.

You f***ed up and learned something for next time.

Get a contract BEFORE you start, fool.

The READ IT before signing it.

Enjoy the rest of your contract.

LOL - Reading posts seems to be a lost art.

I didn't get the contract until after I started. Don't start a gig without a contract? Sure I've never done it before, but when was the last time you were ON the market? It sucks. No really its f*** abject misery out there. I've got mad skills, but still took me 2 months and I still had to take a pay cut.

Funny thing, bills.

Anyway, I suppose I need to get myself some good counsel on this.

[tino]

LOL - Reading posts seems to be a lost art.

I didn't get the contract until after I started. Don't start a gig without a contract? Sure I've never done it before, but when was the last time you were ON the market? It sucks. No really its f*** abject misery out there. I've got mad skills, but still took me 2 months and I still had to take a pay cut.

Funny thing, bills.

Anyway, I suppose I need to get myself some good counsel on this.

The MOO clause is what you are looking for.

Richard is right however, it's folly starting a contract without any paperwork - you literally would have no idea whether you are caught by IR35 amongst many other things

[Paddy]

http://www.businesslink.gov.uk/bdotg...mId=1074405689

[RichardCranium]

So, you started without reading the contract.

Get a contract BEFORE you start, fool.

Reading posts seems to be a lost art.

Anyway, I didn't get the contract until after I started.

As you say, reading posts seems to be a lost art.