Notice period...

[andybutt]

I have recently signed a 3 month contract, which states the notice period for both my self and the client is 2 weeks ( written notification). having worked nearly 2 weeks into the contract, the agency has called me to say that the client now only requires me for two weeks,( the two weeks i'm about to complete!) I have had no written notification of this, and the Agency is giving me a load of flannel about the notice period not being legally binding... any thoughts??

[malvolio]

If it's in the contract, it's legally binding. However, there's a fair chance it can be overridden by another clause somewhere else. If all else fails, the end client will have a get-out, possibly in a contract you can't see between them and the agency, and no matter what happens it looks like there's no more work there anyway.

You have two approaches, really: pursue it as breach of contract in some form or another, or accept it as one of those things that happen to contractors. Both will have much the same result, the latter is a lot easier, and gives you time to look for the next one!

However, if you do think you have a case, don't be scared to push it. You're a business, after all.

[privateeye]

I have recently signed a 3 month contract, which states the notice period for both my self and the client is 2 weeks ( written notification). having worked nearly 2 weeks into the contract, the agency has called me to say that the client now only requires me for two weeks,( the two weeks i'm about to complete!) I have had no written notification of this, and the Agency is giving me a load of flannel about the notice period not being legally binding... any thoughts??

So the agency by agreeing to the contract are now admitting to obtaining your services by deception because they never had any intention of honouring it - a criminal offence under the thefts act.

The 2 weeks notice cannot be applied retrospectively - its not for the IR is it.

I suspect as happened to me a few years ago the contract was only ever for a couple of weeks -the agent knowing there was little chance of getting someone for that short a contract bumped it up a little bit and then gave notice asap. Check with your client to see how long they were intending you to stay. I specifically ask at interview what term the client is offerring now.

[IT contract agent]

you should really be given two weeks notice in writing from the agency and they should get it from the client. There are often clauses in contracts that means a contractor can be immediately terminated if his work isn't of the required standard or if the contractor is not technically suited. Its usually the case that this should be given to you in writing also. If the client is happy with your work try to get something to this effect in an email from the end client. it may be then worth you either pushing for the two weeks work or two weeks pay. The agency should be on your side on this one. I'd only give you notice once I had written notice from the client - If i didn't have that I would keep you on site and still invoice them!