Am I Screwed? Early Contract Termination

[SueEllen]

Indeed but the RoS not only needs to be written but may be exercised - in reality, in my situation at least, I highly doubt RoS would be permitted, but like I say that's a whole different thread.

If you want out try to do a RoS if it's in your contract.

The client may then get rid of you solving a problem.

[Fresh Air]

Without reading the agreement in it's entirety it it difficult to be certain but usually the assignment schedule forms part of the agreement to ensure it's provisions have force. There'll usually be provision in the terms and conditions that will state this explicitly. The one wrinkle is that there'll also often be provision in the terms and conditions that sets out the hierarchy, for example that the terms and conditions have priority in case of conflict. This may be needed where the agency's or client's lawyers produce the terms and conditions, the agency's consultant or client's line manager writes the schedule and they wouldn't want the schedule to modify something important. If there is such a hierarchy set out, what's in the terms and conditions about termination will probably stand if it conflicts with the schedule. If the terms and conditions are silent, what is in the schedule will carry. Depending on circumstances, there might be hook outs to the agency/client's terms of business which, if there is, you'd want to have read. Sometimes, communications after the contract is incorporated can modify things as well.

Yes, there is a clause that incorporates the Schedule into the 'Entire Agreement'.....

20 Entire Agreement
20.1 This Agreement along with the Schedule and the covering letter, constitutes the entire understanding between the parties concerning the subject matter hereof.

(The cover letter has no information relevant to termination or notice).

There are no clauses within the contract which set out a hierarchy in the event of conflict.

I also have an email from the initial negotioation stage that requests the '4 weeks notice by each party' be included in the Schedule.....

"....I would require that two (2) amendments/clarifications be included in the contract:-

(1) Schedule - as per previous comment, Notice Period to be '4 Weeks by each party'. (this is to enforce that each party must give this notice period)...."

[Fresh Air]

*Bump*

I would be interested to hear what any other out there have to say?

[downsouth]

why not speak to them about handing your 'notice' in

mention nothing about being around for 4 weeks, let them tell you what the 'notice period' is/if any

often the case they will require you offsite asap

[d000hg]

A good rep will get you out of IR35 if you have a genuine RoS clause. Permies can't substitute, you possibly can, ergo you are not an employee, ergo no IR35.

You can put any old guff in a contract especially if you supply it and they sign it without caring much. Or if it's an old mate and you say "we need these clauses to avoid a load of tax, they're just a formality" and they agree.

[BrilloPad]

What is the general consensus for me terminating the contract early with the 4 weeks notice (I have no issue with providing the client or agent with this? Yay or Nay?

Yay.

Why not add a poll?

IANAL

[contractoralan]

Yes, there is a clause that incorporates the Schedule into the 'Entire Agreement'.....

20 Entire Agreement
20.1 This Agreement along with the Schedule and the covering letter, constitutes the entire understanding between the parties concerning the subject matter hereof.

(The cover letter has no information relevant to termination or notice).

There are no clauses within the contract which set out a hierarchy in the event of conflict.

I also have an email from the initial negotioation stage that requests the '4 weeks notice by each party' be included in the Schedule.....

"....I would require that two (2) amendments/clarifications be included in the contract:-

(1) Schedule - as per previous comment, Notice Period to be '4 Weeks by each party'. (this is to enforce that each party must give this notice period)...."

IANAL.

The Schedule part of the contract sets out the specific details for the assignment. If the hierarchy is not mentioned in the contract, I think it can be argued that the Schedule takes precedence. Your email exchange provides sufficient proof for the intention of the parties at the time of agreement. I dont see a legal problem with you terminating the contract early.

Be prepared and dont be surprised if the client terminates the contract immediately using another part of the T&C.

[Fresh Air]

IANAL.

The Schedule part of the contract sets out the specific details for the assignment. If the hierarchy is not mentioned in the contract, I think it can be argued that the Schedule takes precedence. Your email exchange provides sufficient proof for the intention of the parties at the time of agreement. I dont see a legal problem with you terminating the contract early.

Be prepared and dont be surprised if the client terminates the contract immediately using another part of the T&C.

It would be understandable if they did, but despite wishing to finish the contract early Id like not to leave too sour a taste in the mouth - before I get flamed, obviously I cant expect smiles, hugs and handhshakes!