Advice on Notice period in contract please

**Paddy** · 30 November 2009, 16:15

I presume you are on about Computer People. You will many differing opinions from other contractors on this. I believe you may have been sent a standard set of terms and conditions. If that is the case, my argument would be that they are not enforceable because a court would find some conditions unfair. Years ago I contracted for CP with the same conditions and I jumped ship half way through. They threatened never to take me back as a contractor again. But a year later they did, and a couple of years later yet another one.

In these hard times I suggest you take it. The contract is with you Limited Company, if the worst comes to the worst; then fold up the company and start a new one.

**RichardCranium** · 30 November 2009, 16:27

I have had a few contracts with "no termination" clauses. In my first contract, that was a huge pain in the arse.

But since then, I escaped from the last one by means of a (kosher) letter from my GP and assisting them to recruit my replacement and doing a hand-over. The client and the agent are still human; if your life turns to rat-tulip they will very probably understand.

It is intended to stop you buggering off to a higher paying contract; if a builder doing my conservatory did that I'd be pissed off so I can see the point.

If you really want to get out of the contract at short notice, that has come up a number of times in the past. Waving your willy at the receptionist gets recommended most frequently; other methods are available.

**ratewhore** · 30 November 2009, 16:29

Originally posted by richt5a View Post

I have just received a contract for a role I started two weeks ago. All looks ok except for the termination clauses.

First clause says

“Company may terminate the contract immediately for any reason by giving written notice to the contractor”

Not nice but I’m broadly ok with that.

Second clause says:

The Contractor may only terminate the contract if

The Company is in default of any agreed payments under the Contract and fails to remedy within 14 days of receiving a written demand from the contractor

The Client fails to accord the Contractor reasonable access to premises, equipment, personnel or other information required for the Contractor to provide the Services

**Not So Wise** · 30 November 2009, 17:38

Would not stress it, client who wants to force a contractor to stay somewhere he does not want to be would not last long anyway

If you want to end early normally a quite word giving reasonable notice with the client is enough to get out of the contract. Agency might kick up a fuss afterwards but it will be just hot air

**BolshieBastard** · 30 November 2009, 19:30

Dont start work until you read the contract. That way if you dont like a clause, you've better chance of getting it changed.

Notice clauses are normally determined by the end client. If they are happy to have a recipricol agreement then the agent will normally change it. If the client doesnt want it, the agent rarely agrees to change it.

**simes** · 2 December 2009, 10:40

Always a good contract for IR35 too, isn't it?

Advice on Notice period in contract please