Reply to: Contract extension sent 2 and a half months before my contract ends

[psychocandy]

Now I agree if its the agent doing this without the clients knowledge then thats bad news.....

If its the client then they are being quite clever. My last one did this all the time. A month before they offered me a renewal.
OK I was happy to renew anyway, but it didn't even give me a chance to look at the market "just in case" and be tempted by something else. Fair play to the client.....

On the flip side, I had a client I'd remind every week then we'd get to the last week it was every day. Most times it got sorted at 4pm the last day. Couple of times had my stuff in a box ready to go. Only once did they not bother at all, then were surprised when I didn't turn up the next day. It did focus attention mind they sorted it within the hour.

Now that is really annoying though....

[northernladuk]

So by accepting a new contract before the current one has ended, will I be legal bound to start the new contract from January 11th and give 1 month's notice meaning an end date in February, even if I changed my mind and decided to give notice on say the 10th December to terminate my current contract to leave on the 10th January?

You are making this very complicated for some reason.

Yes you are now bound by a contract and it's terms, which is what a contract is. If you want to terminate the contract you have to give notice as per the terms. Treat each as a separate contract.
So take your current contract. You can either give notice and leave early, or you can work until it ends in which case you don't need to give notice.
Your new contract. You can give 1 month notice to get out of it at any time after signing. It doesn't have to be after the work has started. You will be bound to it when you sign it regardless of the time you start.

So yes, you have to make your decision before 10th Dec. They won't be happy whatever you do though. More work for them so they are going to be a bit dischuffed but shoulder it and move on.

[Tractor Trace]

Technically it's a new piece of work above and beyond that already agreed/done so new contract.

So by accepting a new contract before the current one has ended, will I be legal bound to start the new contract from January 11th and give 1 month's notice meaning an end date in February, even if I changed my mind and decided to give notice on say the 10th December to terminate my current contract to leave on the 10th January?

[northernladuk]

Not sure this is a contract extension. Agency emails say contract extension but the contract has come through has a start date of the 11th January. Surely if it were a contract extension it would state the original start date and new end date?

Yep. That's when that particular contract and associated Statement of work start. It would be an amended contract if if it covered the work already done and replaced what you ahve now. You are extended, you get a new contract to cover it. Technically it's a new piece of work above and beyond that already agreed/done so new contract.

[Tractor Trace]

Not sure this is a contract extension. Agency emails say contract extension but the contract has come through has a start date of the 11th January. Surely if it were a contract extension it would state the original start date and new end date?

[Lance]

I'm not sure about that but it would be a very interesting employment tribunal - one that I'm sure funds could be raised for to support.

The one thing it does show is something we need to repeat more and more - at the moment the more important customer for most umbrella firms is not the contractor - it's the agency that has added the umbrella to its PSL.

at what point we suggest to contractors to join a union rather than IPSE?

[eek]

And you agreed to that in an employment contract???
In any case, it's utterly unenforceable.

I'm not sure about that but it would be a very interesting employment tribunal - one that I'm sure funds could be raised for to support.

The one thing it does show is something we need to repeat more and more - at the moment the more important customer for most umbrella firms is not the contractor - it's the agency that has added the umbrella to its PSL.

[Lance]

On the contract schedule for the client it states 1 month's notice. On my contract of employment with the umbrella it states 1 week but in my contract of employment terms it states that I have to legally terminate my contract with the client before I can terminate it with the umbrella company hence why it overrides the agreement. It states "This Assignment may only be terminated by you on the same terms (if
at all) as we ourselves can lawfully terminate the Client Contract. You
may not terminate this Assignment without also terminating your
contract of employment, without our written agreement."

And you agreed to that in an employment contract???
In any case, it's utterly unenforceable.

[Tractor Trace]

unless the abolition of slavery has been repealed I think you have this wrong.
You are an employee of the umbrella. Your only contractual obligation is that employment contract. And you have the protections and rights of an employee.

IANAL

On the contract schedule for the client it states 1 month's notice. On my contract of employment with the umbrella it states 1 week but in my contract of employment terms it states that I have to legally terminate my contract with the client before I can terminate it with the umbrella company hence why it overrides the agreement. It states "This Assignment may only be terminated by you on the same terms (if
at all) as we ourselves can lawfully terminate the Client Contract. You
may not terminate this Assignment without also terminating your
contract of employment, without our written agreement."

[Lance]

Just read the umbrella terms more in more detail and unfortunately client assignment notice terms supersede the umbrella ones. It states that I may not terminate my employment until the client assignment has been lawfully terminated. Plus the client (agency) has a PSL of umbrellas. Sounds way too much hassle so I guess 1 month's notice it is?

unless the abolition of slavery has been repealed I think you have this wrong.
You are an employee of the umbrella. Your only contractual obligation is that employment contract. And you have the protections and rights of an employee.

IANAL

[Tractor Trace]

I wouldn't recommend it but there's your get out - switch umbrella when you find a new job.

....I wouldn't suggest playing such a trick if the agency allowed you to pick your own umbrella from outside their PSL list.

Just read the umbrella terms more in more detail and unfortunately client assignment notice terms supersede the umbrella ones. It states that I may not terminate my employment until the client assignment has been lawfully terminated. Plus the client (agency) has a PSL of umbrellas. Sounds way too much hassle so I guess 1 month's notice it is?

[eek]

My current contract ends on the 10th January.

1. Yes
2. No
3. Contract extension
4. 1 month notice each side on client contract but 1 week each side with umbrella so a discrepancy there.

I wouldn't recommend it but there's your get out - switch umbrella when you find a new job.

Note - the viewpoint above is based on the logic that you are using an umbrella firm that was recommended by the agency and is on the agency's PSL (i.e. the list of umbrella firms the agency sent to you to pick from).

I wouldn't suggest playing such a trick if the agency allowed you to pick your own umbrella from outside their PSL list.

[Tractor Trace]

A few questions:
1. Are you actively looking for another contract elsewhere?
2. Have you been offered another contract elsewhere?
3. Is the thing you are being offered a new contract or a contract extension?
4. What are the exit terms of it?

My current contract ends on the 10th January.

1. Yes
2. No
3. Contract extension
4. 1 month notice each side on client contract but 1 week each side with umbrella so a discrepancy there.

[eek]

A few questions:
1. Are you actively looking for another contract elsewhere?
2. Have you been offered another contract elsewhere?
3. Is the thing you are being offered a new contract or a contract extension?
4. What are the exit terms of it?

You could just read the OP's first post - as that answers all those questions.

[WTFH]

Thanks for all the comments, however does anyone know whether if I were to agree to the extension starting in January '22 and then decide I don't want end the current contract early e.g give notice in December '21, whether I would still be legally bound to start the contract extension and then have to give 1 month's notice from January?

A few questions:
1. Are you actively looking for another contract elsewhere?
2. Have you been offered another contract elsewhere?
3. Is the thing you are being offered a new contract or a contract extension?
4. What are the exit terms of it?