Reply to: Question regarding FIXED TERM contract (NOTICE PERIOD)

[TheFaQQer]

Take one/two weeks holiday (perfectly acceptable in July/August) to make sure you are paid up to date by agency, then don't bother going back. Then ignore calls from agency for the next 2 weeks. They'll soon give up.

Given that the thread is two years old, I suspect that they have resolved the situation.

[Sausage Surprise]

Take one/two weeks holiday (perfectly acceptable in July/August) to make sure you are paid up to date by agency, then don't bother going back. Then ignore calls from agency for the next 2 weeks. They'll soon give up.

[speling bee]

Are you sure? I found this in www.gov.uk

What are you up to?

[cojak]

Are you sure? I found this in www.gov.uk

The post was accurate 2 years ago (note the date), but the latest version of the gov website is

Last updated: 3 June 2014

[tswetanm]

...You cannot leave, notice period is not an option...

Are you sure? I found this in www.gov.uk

Fixed-term employment contracts
...
Ending the contract early
Employees must hand in their notice 1 week in advance if they’ve worked for an employer for a month or more. The contract may state that they need to give more notice.

[SueEllen]

Yes, you guys are completely right. I should know what im signing in the first place.
I just presumed the agency would be more understanding to my situation.

As a contractor you need to learn the only one who will take care of you is yourself.

The majority* of agents are just sales people with no understanding of the legal implications of the words they say or the written contracts they give out.

Some of them write their own contracts or edit contracts, and put clauses in them that if you got your contract reviewed or looked at by a lawyer you would be told the clause is unreasonable and in a few cases unenforceable.

Sue, many thanks ,i will look into all the different types of contracts etc

Scenario 2: Although ive already signed the extension(july - aug), what would happen if i find another job BEFORE the start of july?
Talk to the client ,explain the situation, and he cancels the contract with the agency?
Or again, the agency will kick off as ive already signed it?

The agency will kick off and probably threaten you with legal action.

The client may be p*ssed off as well as it's really short notice but that depends what work you are doing.

As I've stated and someone else has, just get the client to agree to let you go when you have a new contract.

Also don't rush into getting a new contract. I know quite a few contractors who have been given short contracts but have been extended again and again for months or even years. The reason companies give short contracts is that you are suppose to be a temporary resource.

*majority != all

[Smashing]

Yes, you guys are completely right. I should know what im signing in the first place.
I just presumed the agency would be more understanding to my situation.


Sue, many thanks ,i will look into all the different types of contracts etc

Scenario 2: Although ive already signed the extension(july - aug), what would happen if i find another job BEFORE the start of july?
Talk to the client ,explain the situation, and he cancels the contract with the agency?
Or again, the agency will kick off as ive already signed it?


Thanks for all your help guys.

[SueEllen]

<snip/>
she replies ""There isn’t a notice clause in the contract except in the case of breach of contract sby either party. It is fixed term"

so im left wondering what this means?

The exact wording on the contract is -
"Duration:
This Agreement runs from 1 July 2012 to 31 August 2012. "

So you have a fixed date in which they want you to provide services for.

There is absolutely nowhere that says FIXED CONTRACT. and this is what i signed.

they know im going to be out of a job, are they just trying to get the most money for themselves?

Nope.

As a contractor you provide temporary services as long as the client has money for them in their budget. If the client has had you on board for quite a number of years they may be looking to find a permanent person which is why they may have given you a shorter extension.


You should be aware that English is a funny language so in trying to explain something to you in a simplified way someone will say something that is different to what is written down. This is why you must READ your contract before signing it.

While you can verbally accept a contract there is no need to rush to fax it back. It's reasonable to take up to three days to check over a contract to ensure it hasn't changed.

Also read my previous post again and get someone to explain it to you if you have difficultly understanding the concept of the difference between a business to business contract and an employee contract. Fixed term means different things in each case.

Scenario: the 2 month extention starts in July but say i find another job within the first 2 weeks or something. i want OUT.

September is generally a better time to be available on the market than July and August, as these months tend to be quiet as lots of people are away on holiday. This year you have all the sport on so don't expect people to be planning new projects.

[jmo21]

Firstly, many thanks for all the replies and the advice,

secondly, apologies for being very vague, perhaps i should clear things up a little...



Ive been contracting with this client for over 3 years now and i have a good relationship with my boss. Every 6 months the client extends my contract again and again (everyones happy and im doing a good job)
unfortunately ive learnt that the company is cutting back and as we all know, its the contractors who are asked to go first.

Now, instead of offering me the normal 6 month extension, the client has only offered a 2 month extension. fair enough, i understand, things must come to an end, goodbye etc etc.
- This extension is from July 1st - August 31st

my agency contacted me yesterday and asked me if i wanted to accept this extension. Naturally i said yes and signed the contract (faxed it over to them) - 2 months is better than nothing right?

Now, as a passing comment/email, i just asked my agency if the 2 month extension has a 1 WEEK notice period - Obviously im going to be out of a job soon so i have to look elsewhere for work. they understand that. client understands that. the whole world understands that.

she replies ""There isn’t a notice clause in the contract except in the case of breach of contract sby either party. It is fixed term"

so im left wondering what this means?

The exact wording on the contract is -
"Duration:
This Agreement runs from 1 July 2012 to 31 August 2012. "

There is absolutely nowhere that says FIXED CONTRACT. and this is what i signed.

they know im going to be out of a job, are they just trying to get the most money for themselves?


Scenario: the 2 month extention starts in July but say i find another job within the first 2 weeks or something. i want OUT.

I do not think it NEEDS the word Fixed Term Contract, but then I've never had a fixed term contract so could be wrong.

It has the dates from and to, and has no notice clause.

Some general advice though, that I'm sure you already realise, try reading and understanding a contract before you sign it.

[Smashing]

Firstly, many thanks for all the replies and the advice,

secondly, apologies for being very vague, perhaps i should clear things up a little...



Ive been contracting with this client for over 3 years now and i have a good relationship with my boss. Every 6 months the client extends my contract again and again (everyones happy and im doing a good job)
unfortunately ive learnt that the company is cutting back and as we all know, its the contractors who are asked to go first.

Now, instead of offering me the normal 6 month extension, the client has only offered a 2 month extension. fair enough, i understand, things must come to an end, goodbye etc etc.
- This extension is from July 1st - August 31st

my agency contacted me yesterday and asked me if i wanted to accept this extension. Naturally i said yes and signed the contract (faxed it over to them) - 2 months is better than nothing right?

Now, as a passing comment/email, i just asked my agency if the 2 month extension has a 1 WEEK notice period - Obviously im going to be out of a job soon so i have to look elsewhere for work. they understand that. client understands that. the whole world understands that.

she replies ""There isn’t a notice clause in the contract except in the case of breach of contract sby either party. It is fixed term"

so im left wondering what this means?

The exact wording on the contract is -
"Duration:
This Agreement runs from 1 July 2012 to 31 August 2012. "

There is absolutely nowhere that says FIXED CONTRACT. and this is what i signed.

they know im going to be out of a job, are they just trying to get the most money for themselves?


Scenario: the 2 month extention starts in July but say i find another job within the first 2 weeks or something. i want OUT.

[SueEllen]

Depending on how long you have worked for the client, you may want to think carefully about this because the client may not give you a positive reference if you leave early.

How many times have you used a reference from a client in your contracting career?

Lots of clients especially the larger ones forbid giving references to contractors and only give dates as references to permies.

[Wanderer]

would the agency still argue this? likey to take me or the client to court?

Yes they will argue it, no they won't take you to court. Most likely they will try to use this as an excuse not to pay you for some of the days you have worked, don't let them get away with this.

Just tell the client that you want to leave, be polite but firm and tell them that you are happy to do a hand over and work a reasonable notice period but you are leaving early.

Depending on how long you have worked for the client, you may want to think carefully about this because the client may not give you a positive reference if you leave early.

[SueEllen]

really?
didnt realise i couldnt leave!


The actual 2 MONTH extension that i received today says NOTHING of a 'fixed contract' (although the email from the agency says it is...hmmm)

You are confusing things (probably because you aren't a native English speaker).

A fixed term contract is what some temporary employees get.

Contractors and self-employed people, who are not temporary employees, get contracts to fulfil a service for a particular length of time. As these are business contracts not employment contracts there is no legal requirement to have a notice period.

With business contracts each party (to some extent) has equal footing in law so it's up to them at the start of each contract to negotiate the terms and conditions.

This is why people either:
1. Read their contract properly, if they understanding the terms and understand the law surrounding contracts, negotiate the contract themselves
2. Read their contract then pass to a third party such as a lawyer or a contract checking service to check it gives them enough legal protection and to help them negotiate terms.

it says
"Duration:
The agreement runs from July 2012 to July 2012"

no where in this document does it say 'fixed term'

Does it mention dates in July 2012 i.e. 1st July to 31st July ? Because it looks to me that you could leave any date in July.

ok, what if i talk to my boss (the Client) and they have no problem with it?

If you can guess when the work will finish for you on the project then you can get an agreement with the client for you to leave when there is no more work for you to do.

would the agency still argue this?

The agency would argue as if you aren't working they don't get their cut of your day rate.

likey to take me or the client to court?

They won't take you to court if the client says they don't want you any more because there is no more work for you to do on the project. It's better coming from the client then from your mouth.

[cojak]

really?
didnt realise i couldnt leave!


The actual 2 MONTH extension that i received today says NOTHING of a 'fixed contract' (although the email from the agency says it is...hmmm)

it says
"Duration:
The agreement runs from July 2012 to July 2012"

no where in this document does it say 'fixed term'



ok, what if i talk to my boss (the Client) and they have no problem with it?
would the agency still argue this? likey to take me or the client to court?



Sorry about this, slightly unsure.

I guess you meant June to July?

And quite frankly that's not good enough - it should be 1st June - 31st July.

If the contract doesn't say fixed term then it isn't, it doesn't sound like it's a very good contract though.

It sounds as if they're playing on your ignorance and trying to frighten you into staying.

They probably will threaten you but they won't do anything, not for a piffling 2 months. Go and talk to the client and see what they say.

But I don't see why you can't stay until 31st July (and tell the agent the exact dates when you talk to them again).

[Smashing]

really?
didnt realise i couldnt leave!


The actual 2 MONTH extension that i received today says NOTHING of a 'fixed contract' (although the email from the agency says it is...hmmm)

it says
"Duration:
The agreement runs from July 2012 to July 2012"

no where in this document does it say 'fixed term'



ok, what if i talk to my boss (the Client) and they have no problem with it?
would the agency still argue this? likey to take me or the client to court?



Sorry about this, slightly unsure.