Contract Extension with start date of original contract?

[Marlene]

Hi,

I had a one month contract that is due to be extended for 2 months. However, the agency put as the start date the date of the original one month contract. I have been contracting for years and never come across something like that. They say it has to be like this and it is better for my Ltd company.
At the same time they want to change the notice period from 1 week to 2 months to which I said no and they now want the compromise of 1 month notice period.

My question now is: Why are they doing this with the dates - I was told it is illegal. Could it be that it is not allowed to have a notice period as long as they new contract (which should be for 2 months and should not be backdated).

Also if the new contract/extension is backdated then it is also illegal to change the conditions (i.e. now new notice period also for old dates that already passed) for an already existing/passed contract, no?

Why do you think they are doing this?

[pmeswani]

Hi,

I had a one month contract that is due to be extended for 2 months. However, the agency put as the start date the date of the original one month contract. I have been contracting for years and never come across something like that. They say it has to be like this and it is better for my Ltd company.
At the same time they want to change the notice period from 1 week to 2 months to which I said no and they now want the compromise of 1 month notice period.

My question now is: Why are they doing this with the dates - I was told it is illegal. Could it be that it is not allowed to have a notice period as long as they new contract (which should be for 2 months and should not be backdated).

Also if the new contract/extension is backdated then it is also illegal to change the conditions (i.e. now new notice period also for old dates that already passed) for an already existing/passed contract, no?

Why do you think they are doing this?

Negotiate with the agency. Tell them if they don't change the extension start date to the correct date and change the notice period back to 1 week, then you will walk away from the contract and explain to the client why you are walking.

They may react positively or negatively towards that. You have to decide whether you want a flexible contract, the work or both.

They haven't enforced the change onto you, so nothing is illegal about it.

[Marlene]

But why

But why do you think they changed the start date in the first place? What are they trying on?

[mavster07]

Agreed. The 2 month notice period is against IR35 so you are right to stand your ground on that.

The dates issue is also most certainly illegal. You can't back date a contract you've already started !!!!!!

[Olly]

Agreed. The 2 month notice period is against IR35 so you are right to stand your ground on that.

ooooooooh reeeeeeeeeeaaaaaaaaaalllllllllllllly?

please explain exactly why?