Notice period again

[missinggreenfields]

Does it say whether the addendum takes priority over the contract, or vice versa?

This is the important thing, although courts are reluctant to rely on a hierarchy clause unless there it can only be resolved that way.

See Data Direct v Marks & Spencer, RWE Npower v Bentley (court of appeal) and CLP v Singh for examples - CLP v Singh relied on the hierarchy clause because there was an absolute conflict that couldn't be solved otherwise.

[davidjm]

Does it say whether the addendum takes priority over the contract, or vice versa?

Its this issue they caused me to challenge the notice period.
The agency section heading of the section on notice period says:
Unless varied in the Assignment Schedule, the Company may terminate the Assignment without cause and for
whatever reason by giving written notice of:

and this clause in fact varied by the addendum inserted by the Client - the addendum is later in the contract document so assume takes precedence - I am guessing the Agent has a standard contract & the Client has added their bit - (covers the number of hours working per week as well)
As someone else commented they are squirming & have now pointed at the 'any reason clause'
I suspect I would have to go to court & might just take the 2 weeks & run as others have advised.

[LondonManc]

"The Client requests that the Services cease or that the Personnel be removed from the Assignment for any reason "

Leaves you open to being instantly walked without liability. You're lucky you're getting two weeks simple as.

[mudskipper]

Does it say whether the addendum takes priority over the contract, or vice versa?

[psychocandy]

So OP what does your contract say? Surely all thats relevant is your contract with agency? Nothing else matters....

If it says zero then take the two weeks....

[northernladuk]

First time we've had a post with someone complaining they got given notice

[SlipTheJab]

Doesn't matter. That's the upper contract and none of OP's business.

OP is within 8 weeks so on zero notice in their contract; as two weeks has been offered, I'd take it as it's two weeks more than they were entitled to.

ah missed that sorry, OP take the money and run!!

[LondonManc]

Depends, are the agency trying to pocket that extra 2 weeks notice pay for themselves...

Doesn't matter. That's the upper contract and none of OP's business.

OP is within 8 weeks so on zero notice in their contract; as two weeks has been offered, I'd take it as it's two weeks more than they were entitled to.

[GB9]

Just take the 2 weeks, assuming that's all you are working.

No work, no pay in our game.

Add the agency to the list of twunts though as it sounds like they have been caught with their pants down and are squirming a bit.

[SlipTheJab]

Depends, are the agency trying to pocket that extra 2 weeks notice pay for themselves...

[VillageContractor]

Invoice for work that you do. If there is work for 2 weeks then invoice for 2 weeks.

Just to be clear 2 weeks is very good as they could give you nothing

[davidjm]

I have a 6 month IT Services contract with the agency.
The Client terminated after 6 weeks back filling my role with permanent employee as the contract was "too critical"
I negotiated 2 weeks notice during the termination interview and worked this with approved time sheets.

The contract has several clauses and an addendum added by the Client that says 28 calendar days notice would be given irrespective of week worked IE as below:
Where the Client requires Agency to terminate an assignment prior to the agreed end date for reasons
other than insufficient performance then Computer People shall provide four weeks notice in relation to
Professional/IT Contract Persons and shall reimburse Contractor/Personnel accordingly."

The agency's portion of the contract has a sliding notice period of 5 calendar days for less than 8 weeks work , 14 calendar days after 8 weeks worked, 26 calendar days after 28 weeks.

There is also an agency clause:
The Company shall be entitled to suspend or terminate the Assignment forthwith without notice or liability at any time in the event of any of the following:
"The Client requests that the Services cease or that the Personnel be removed from the Assignment for any reason "

If I use the Clients clause I am entitled to another 2 weeks notice.
The agency disagrees siting the 'any reason clause' and is ignoring the addendum added by the the Client.

The contract appears unclear on the the notice period for early termination.
Should I persist ? or settle with the 2 weeks.
All advice welcome.