Advice Please

[kal]

Surely negotiate (always the answer) a notice period and leave is the answer here rather than hoping for an epiphany from the legion of keyboard warriors (of which I am one!) on this board

[Taita]

Right will try and answer a few questions

Yes I understand 24 month rule hence 2 combined contracts are under 24 months.

Yes I have made the mistake of missing no duration date for notice although the contract implies termination. 2 errors (1 me not noticing notice period and 2 client not removing termination section I guess)

I am fully aware of ir35 and never work out side the schedule tasks as that is what they employ my company for nothing else. Ok use of employed was obviously incorrect as my company is contracted to the client and I am employed by my company.

Breach of contact is not the option I want to take as I stated. However in my opinion it could be argued it is breach. Without boring all to death the original contract was for a UK based project based on the schedule outline, with the options to review additional projects if they still only required the schedule requirements to be completed. I was asked to work on a project abroad which I accepted on the basis that the client mentioned minimal travel is required based on the project being well run to date. On starting (yes I have verbally agreed so in principle the contract is updated in eyes of the law) the project and discussions with end users I have discovered that I would need to spend 99% of my time abroad and on this project to bring to a conclusion which is not how it was advised and not the verbal terms it was accepted on. All being verbal is an issue I will learn from and would not do again although from a breach of contact point of view if they did not remove the new project from me (if I requested) then I believe there is grounds to argue this.

Overall my question keeps heading back to there is implied termination allowed just the period missing.

1 week is not a made up notice period it is based on want happens when employed if there is no designated notice period. If no notice period is in an employed contact the "reasonable notice" comes in to effect and upto 12 months it is a week.

Thanks for all reading and responding by the way it is very helpful and learning all the time.

It (slightly) seems that you were reasonably content to go along with the existing contract and conditions until another(tempting) prospect arose.

Happens to all of us and you have had some sound replies about the theoretical legal position. However, in order to get out of one contract so as to accept another you appear to be determined that it will end in legal conflict and are attempting to reassure yourself that you can walk away unscathed. The outcome is not very predictable if you see the situation as a confrontation.

Why do you not just explain to the client that you are finding the load hard to bear and want out? Then in a civilised, business-like manner negotiate a mutually satisfactory release. Should not be to much of a hardship as you appear to be prepared to give up to six weeks notice.

[TheFaQQer]

I obviously have right to substitute if I wanted to go that route but I am trying understand what happens when the contract has right to terminate but foes not specify duration. The contract says I can terminate but does not tell me the notice period do I was wondering does contract law have a recognised acceptable period like emploenr law?

You'll have to ask a lawyer familiar with the law of contract, not employment law, to get that opinion. No-one here can give you what you are after.

[leegtr]

The solution will be discussion and I am sure it will pan out ok. I just like to know as much information about a situation as possible.

The assumption on willing to go along with the original contact is not correct as I had made decision move on a few weeks ago given the strain the additional work load has caused with my young family(9 weeks) although that has no impact on this from a contract point of view so is not relevant.

Really I have confused the question by waffling on about why I want to leave as opposed to just asking the basic question about the termination clause and lack of notice period written in the contract

[leegtr]

I have asked that exact question to the legal team who represent me (not that they have ever had to represent me yet)

Was just wondering if someone had been in same situation where the contract has all the relevant termination clauses but does not define the notice period.

Will be interesting to see if there is a similar reasonable implied amount as per employment law

[northernladuk]

Find someone else to do the job and exercise your right of substitution. That isn't an ambiguous path to take, assuming your contract has a substitution clause in it.

Looking forward to the response to this

[speling bee]

Worst case scenario, you advise the client that you have founded a new religion and will no longer be washing because it disturbs the ancestral spirits. See if they can replace you within 6 weeks.

[northernladuk]

I am fully aware of ir35 and never work out side the schedule tasks as that is what they employ my company for nothing else.

employed for a project but I have verbally agreed to assist on another than was in trouble based on the fact

OK. Now I am confused. How is verbally accepting to work on another project not working outside your schedule?

[Taita]

The solution will be discussion and I am sure it will pan out ok. I just like to know as much information about a situation as possible.

The assumption on willing to go along with the original contact is not correct as I had made decision move on a few weeks ago given the strain the additional work load has caused with my young family(9 weeks) although that has no impact on this from a contract point of view so is not relevant.

Really I have confused the question by waffling on about why I want to leave as opposed to just asking the basic question about the termination clause and lack of notice period written in the contract

If there is no specific provision for (set period) notice, then you do not have the right to terminate on notice. Your contract ends when the schedule ends....simples!

[Contreras]

... the contract has been breached as I am employed for a project but I have verbally agreed to assist on another than was in trouble based on the fact I was advised this would not take much time.

Yes I have made the mistake of missing no duration date for notice although the contract implies termination. 2 errors (1 me not noticing notice period and 2 client not removing termination section I guess)

I am fully aware of ir35 and never work out side the schedule tasks as that is what they employ my company for nothing else.

Thanks I have posted the question to qdos legal team who do all my insurances and contract reviews ...

Was the contract an IR35 review PASS even with indefinite notice period?

You only work with a defined schedule - this is good.

The client offered you additional work, detailed on a new schedule, which you signed, or not?

Could you have declined the new work and quit the contract, seeing as the original schedule was now out of play?

I fail to see the breach of contract, unless you felt obliged to accept work that you weren't originally taken on for?

Btw, not necessarily expecting answers here. But I do hope you can get QDOS to advise on your working practices as well, just to be sure.

Oh, and you're employed by your company, which in turn is engaged by the client.