• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

An alternative to notice period clause

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    Originally posted by Spacecadet View Post
    What contract has an "Any Reason" termination clause?
    Yours, probably. A recent one I've seen contained, inter alia,

    [If] for any reason the Client terminates its corresponding agreement with the Company in relation to the provision of the Services by the Supplier or requests that the Consultant be removed or replaced as consultant, and, for the avoidance of doubt, the Company shall incur no liability for Losses in connection with any such termination.
    They don't fire you, they simply terminate the bit of the contract of supply with the agency that includes your services. At which point the contract is null and void. At which point, you aren't owed notice.

    QED.
    Blog? What blog...?

    Comment


      #32
      Originally posted by malvolio View Post
      Yours, probably. A recent one I've seen contained, inter alia,

      They don't fire you, they simply terminate the bit of the contract of supply with the agency that includes your services. At which point the contract is null and void. At which point, you aren't owed notice.

      QED.
      That looks like its from a very dodgy agency contract which should have been contested before signing!
      Coffee's for closers

      Comment


        #33
        Originally posted by Spacecadet View Post
        That looks like its from a very dodgy agency contract which should have been contested before signing!
        Have you read yours?
        Blog? What blog...?

        Comment


          #34
          Originally posted by malvolio View Post
          Have you read yours?
          I read mine and make sure mine don't have such a clause in it.

          The client can terminate my company if my company's supplied consultant(s) are not up to scratch or the work runs out.

          The agency can only terminate with reasonable clause including in some cases the client not paying them.

          In regards to early termination fees - I got one once but then I was direct.
          "You’re just a bad memory who doesn’t know when to go away" JR

          Comment


            #35
            Originally posted by malvolio View Post
            They don't fire you, they simply terminate the bit of the contract of supply with the agency that includes your services. At which point the contract is null and void. At which point, you aren't owed notice.
            So it comes back to my question. What does the notice period (from the agency to the contractor) mean? If the contract can be terminated under the clause you point out then why do they include this "notice period"? It makes no sense.

            Here's an idea. We know the client is aware of the notice period for the contractor because this is one of the terms written into schedule of the agency->client contract. If the client wants a contractor off site (for no good reason other than early termination), the agency demands that the notice period is paid. They then refuse to pass this on to the contractor. Nice little earner for them.

            How do we know that this isn't happening?
            Free advice and opinions - refunds are available if you are not 100% satisfied.

            Comment


              #36
              Isn't there such a concept as a "fair contract" which can be disputed under law regardless of what you sign?

              Comment


                #37
                Originally posted by malvolio View Post
                Have you read yours?
                Big assumption that I'm going through an agency there!
                Coffee's for closers

                Comment

                Working...
                X