Notice periods with unknown end of assignment

[JackDempsey]

Thanks both. I’m getting paid through the recruitment company’s payroll.

The recruiter wants to visit me this week, so I’ll get clarification from him regarding the above. I should have checked all this out prior to starting, though the recruiter was quite pushy in getting me to verbally agree the job offer, after which things moved rapidly. In fact, he only emailed me the contract (with the recruitment agency) the day before I started work. Definitely a few lessons learned.

[BlueSharp]

Hi,

I started my first contracting position late last week. I’ve been told by both the client and recruiter that it is a temporary position which could move to permanent after roughly three months, depending on various factors.

Within the ’Confirmation of Temporary Assignment’ document that I signed, the End of Assignment is filled in as Unknown. Also, both the Notice period for Temporary Worker to terminate Assignment and Notice period for Employment Business to terminate Assignment fields are empty.

Therefore, I was just wondering what my and the client’s obligations are? Can either party terminate the agreement with immediate effect?

Thanks,

Hand your notice in for a period that suites you and see what happens or email the Agent to get clarification. Failing that I'm sure the contract will soon be ended if you don't turn up.

[northernladuk]

Hi,

I started my first contracting position late last week. I’ve been told by both the client and recruiter that it is a temporary position which could move to permanent after roughly three months, depending on various factors.

How are you engaged with the client? I am guessing if you have the contract you are via your limited company? If so you have an IR35 problem. It's likely a role like that is inside IR35 and you shouldn't be paying yourself small wage and dividends. I am also guessing you didn't get your contract checked for IR35 by a specialist before you started?

Within the ’Confirmation of Temporary Assignment’ document that I signed, the End of Assignment is filled in as Unknown. Also, both the Notice period for Temporary Worker to terminate Assignment and Notice period for Employment Business to terminate Assignment fields are empty.

Therefore, I was just wondering what my and the client’s obligations are? Can either party terminate the agreement with immediate effect?

Thanks,

Having no end date is also a bad IR35 flag so further evidence you are inside IR35 and should be going via an umbrella and PAYE.

Quite the opposite. No notice period means you cannot give it. It would stipulate immediate notice if that were the case. You've shafted yourself here. You are stuck in a contract with no end date that you cannot give notice to get out of. Pretty bad mistake that.

That said, the client can always terminate with immediate effect. Somewhere else in the contract it states you will not get paid without a signed timesheet. The client can withdraw any work and therefor e you won't get a timesheet and won't get paid anything. The contract is still in effect, it just looks like immediate termination to you who gets no more money.

Welcome to contracting.

[JackDempsey]

Hi,

I started my first contracting position late last week. I’ve been told by both the client and recruiter that it is a temporary position which could move to permanent after roughly three months, depending on various factors.

Within the ’Confirmation of Temporary Assignment’ document that I signed, the End of Assignment is filled in as Unknown. Also, both the Notice period for Temporary Worker to terminate Assignment and Notice period for Employment Business to terminate Assignment fields are empty.

Therefore, I was just wondering what my and the client’s obligations are? Can either party terminate the agreement with immediate effect?

Thanks,