Reply to: 24 Hour given notice period

[LondonManc]

ClientCo can turn round and say that there's no work so don't come in.

Looks like 7.5 says it all. If there's no work forthcoming, tough. The project no longer needs delivering so you're no longer required to deliver it. Once I got lucky and got asked to complete the stage of the project I was on so got two more weeks but another time I got asked to leave that day as the CEO pulled the project.

[SimonMac]

As others have said, the long and short of it is that notice periods only exist to protect the end Client and not the contractor, but then again, how hard would it be to find a thread on here about a contractor trying to get out of their notice period because a better gig has come up elsewhere.

[SueEllen]

I always get my contract terms checked before I sign a contract.

If you didn't and you want to attempt to get your 20 days money then you need to get a fully qualified and practising lawyer who deals with commercial contracts in the IT sector to have a look. (Yes you have to pay and it will cost you more than if you did it in the first place.)

Only then will it be clear if you can invoice the agency and then chase them for breach of contract if they ignore the invoice.

BTW the only time a contract was pulled on me I got my notice paid. I recently worked with another contractor who got his notice paid. In both our cases consultancies were involved but we could talk to them directly.

[northernladuk]

Perhaps the upstream contract just says immediate termination?, and you therefore get 20 days from agency which is pointless.

Hmm if that's the case someone has screwed up royally. That puts the agency at risk of getting taken to court over the notice period when they don't have that protection in the upper contract. I'd be very surprised if this was the case.

[SpontaneousOrder]

It's the clause about payment upon receipt of signed time sheet you need to look at. No time sheet for the 20 days = no payment. I just wish clients would get a but smarter here. If they just said we are giving you 20 days notice but in that time we have no work for you people might actually understand the situation a little better.

Perhaps the upstream contract just says immediate termination?, and you therefore get 20 days from agency which is pointless.

[northernladuk]

It's the clause about payment upon receipt of signed time sheet you need to look at. No time sheet for the 20 days = no payment. I just wish clients would get a but smarter here. If they just said we are giving you 20 days notice but in that time we have no work for you people might actually understand the situation a little better.

[TheCyclingProgrammer]

Would it make you feel better OP, if they said "here's your 20 day notice, but I'm afraid we have no work for you in that period so you do not need to come in."?

[tractor]

....

Who is the Authority, and Supplier?

That reads to me, very clearly (with some assumptions), that if the consultancy loses the contract then you are terminated accordingly and immediately.

Precisely, the clause is worthless here without the definitions for context.

[BolshieBastard]

Who is the Authority, and Supplier?

That reads to me, very clearly (with some assumptions), that if the consultancy loses the contract then you are terminated accordingly and immediately.

Im absolutely shocked (yes, seriously, where has the OP been?) that someone with supposedly 20+ years in contracting is even asking the question. Is this a case of a permie-tractor finally realising what contracting really entails?

[SpontaneousOrder]

7. Termination

7.1. The Authority may terminate this Agreement or any one or more of the Schedules in the following

circumstances:

7.1.1. The Supplier has committed any serious or persistent breach of any of its obligations under this

7.1.2. The Authority reasonably believes that the Supplier has not observed any condition of

7.1.3. Gross misconduct;

7.1.4. The Consultants or the Supplier going into liquidation or having a resolution passed winding it up

Agreement;

confidentiality applicable to the Supplier from time to time; or

7.1.5. If in the reasonable opinion of the Authority the Consultant fails to perform the Services in a

(save for the purposes of amalgamation or reconstitution) or the Consultant becoming

bankrupt.

timely and professional manner to the standard of competency reasonably to be expected by

the Authority or otherwise fails to supply the Services in accordance with the terms of this

Agreement; and the Consultant fails to address such performance or remedy the breach within 7

days of receiving notice requiring it to do so.

7.1.6. Any member of the Supplier’s staff is guilty of any fraud, dishonesty or serious misconduct

7.2. The Supplier may terminate this Agreement forthwith after any payment due from the Authority

remains unpaid for 30 working days from the date of the invoice.

7.3. The Supplier may also terminate this Contract by giving not less than the Notice Period as defined in

1.10 to the Supplier before the intended Term

7.4. Termination by either party shall be without prejudice to any antecedent breach and the Authority

shall pay to the Supplier all fees due down to the date of termination.

7.5. The Supplier acknowledges that the continuation of the Assignment is subject to and conditioned by

the continuation of the contract entered into between the Authority and the End Client. In the event

that the contract between the Authority and the End Client is terminated for any reason the

Assignment shall cease with immediate effect without liability to the Supplier.

Who is the Authority, and Supplier?

That reads to me, very clearly (with some assumptions), that if the consultancy loses the contract then you are terminated accordingly and immediately.

[SpontaneousOrder]

This is nothing to do with no one paying, I will be paid up until the last day, however I will not get a 20 day notice. this is due to some stupid underlying clause in the agency agreement with the end client.

If your agency is not paid by the client for those 20 days of notice, then they cannot pay you for 20 days of notice (if there is such a clause).

[Euroconsult]

7. Termination

7.1. The Authority may terminate this Agreement or any one or more of the Schedules in the following

circumstances:

7.1.1. The Supplier has committed any serious or persistent breach of any of its obligations under this

7.1.2. The Authority reasonably believes that the Supplier has not observed any condition of

7.1.3. Gross misconduct;

7.1.4. The Consultants or the Supplier going into liquidation or having a resolution passed winding it up

Agreement;

confidentiality applicable to the Supplier from time to time; or

7.1.5. If in the reasonable opinion of the Authority the Consultant fails to perform the Services in a

(save for the purposes of amalgamation or reconstitution) or the Consultant becoming

bankrupt.

timely and professional manner to the standard of competency reasonably to be expected by

the Authority or otherwise fails to supply the Services in accordance with the terms of this

Agreement; and the Consultant fails to address such performance or remedy the breach within 7

days of receiving notice requiring it to do so.

7.1.6. Any member of the Supplier’s staff is guilty of any fraud, dishonesty or serious misconduct

7.2. The Supplier may terminate this Agreement forthwith after any payment due from the Authority

remains unpaid for 30 working days from the date of the invoice.

7.3. The Supplier may also terminate this Contract by giving not less than the Notice Period as defined in

1.10 to the Supplier before the intended Term

7.4. Termination by either party shall be without prejudice to any antecedent breach and the Authority

shall pay to the Supplier all fees due down to the date of termination.

7.5. The Supplier acknowledges that the continuation of the Assignment is subject to and conditioned by

the continuation of the contract entered into between the Authority and the End Client. In the event

that the contract between the Authority and the End Client is terminated for any reason the

Assignment shall cease with immediate effect without liability to the Supplier.

[Euroconsult]

Read about Opt in/Opt out agency regulations in the sticky posts. I guess you would have opted out of regulations. Also look for a clause in your agreement with your agency that says if the agency doesn't get paid by the client then they will not pay you.

This is nothing to do with no one paying, I will be paid up until the last day, however I will not get a 20 day notice. this is due to some stupid underlying clause in the agency agreement with the end client.

[raphal]

Read about Opt in/Opt out agency regulations in the sticky posts. I guess you would have opted out of regulations. Also look for a clause in your agreement with your agency that says if the agency doesn't get paid by the client then they will not pay you.

[TykeMerc]

This appears to be a case of the consultancy losing the contract so they're not going to provide more work. The consultancy who have contracted you and your colleagues are being chucked off site.
Read your contract, odds are that there is no Mutuality of Obligation so they're not obliged to offer you work.

As has been pointed out countless times on CUK, notice periods in contacts are essentially worthless clauses. Bad luck, deal with it and move on.