Reply to: Failure by client to meet contract terms...

[Old Greg]

Sounds like a pretty stupid contract though doesn't it? I mean like how can you have a 28 day notice period on a 1 month contract?

I have a 30 day notice period on my 28 day contract.

[ChimpMaster]

Sounds like a pretty stupid contract though doesn't it? I mean like how can you have a 28 day notice period on a 1 month contract?

[TheFaQQer]

But she is really nice and always asks how me and the family are doing

Seriously through, if I am offered a renewal 2 days before the contract expires, I refuse it as I have new gig can I be held liable for anything? Is this where the 28 day notice is enforced? I assumme not.....

Correct - if the contract is coming to the end, then neither side is obliged to offer or accept work.

[Signo_cypher]

I think you trust your agent way too much ...


I mean, your agent said this because that is what you wanted to hear and not because they thought so ...

But she is really nice and always asks how me and the family are doing

Seriously through, if I am offered a renewal 2 days before the contract expires, I refuse it as I have new gig can I be held liable for anything? Is this where the 28 day notice is enforced? I assumme not.....

[sathyaram_s]

It really annoys me when agency staff dont know what they are talking about

I think you trust your agent way too much ...


I mean, your agent said this because that is what you wanted to hear and not because they thought so ...

[Signo_cypher]

I think you're expecting too much, to be honest.

If you are on a one month contract, then when it ends, it ends and that's it - there is no need to give notice that you won't be renewed (certainly not 28 days notice).

Whatever you are expecting, if the client decides not to renew your contract, then there is nothing you can do.

Thanks for the clarification. I spoke to my contact at the agency and she says the client should give me 28 days notice! It really annoys me when agency staff dont know what they are talking about

Gonna start looking regardless for new roles as I am keen to not spend to much time on the bench.

[TheFaQQer]

I have been on a rolling one month contract for 6 months now, the client ALWAYS renews 5-2 days before month end. I am expecting 28 days notice that this current extension is my last. No more no less, so yes I do expect notice of non-renewal, not just a lapse where nobody says anything and the contract expires.

I think you're expecting too much, to be honest.

If you are on a one month contract, then when it ends, it ends and that's it - there is no need to give notice that you won't be renewed (certainly not 28 days notice).

Whatever you are expecting, if the client decides not to renew your contract, then there is nothing you can do.

[Signo_cypher]

28 days

I may be missing something, but it seems to me that you have a contract which is expiring, and you still want notice for 28 days?

If the contract expires, then you don't need / want / get notice.

Or are they terminating the contract early?

I have been on a rolling one month contract for 6 months now, the client ALWAYS renews 5-2 days before month end. I am expecting 28 days notice that this current extension is my last. No more no less, so yes I do expect notice of non-renewal, not just a lapse where nobody says anything and the contract expires.

[TheFaQQer]

I may be missing something, but it seems to me that you have a contract which is expiring, and you still want notice for 28 days?

If the contract expires, then you don't need / want / get notice.

Or are they terminating the contract early?

[NotAllThere]

If you're opted in, then if you've done the work, you get the dosh. Still may need to see a solicitor, though.

[Bluebird]

realistically, you should get whatever you are owed, but my guess is the EB won't pay up without a client authorised timesheet - shich you wont get.

as you are "employed" by the EB you should see a solicitor.

[Signo_cypher]

It looks like you have got a 28 day agreement, which if they terminate you early you should seek compensation from the EB initially for this.

If your contract comes to an end, yes they are free to wave goodbye, but if they haven't mentioned about extension - then I'd be out there looking for roles now - also no harm in telling the client thats what you're doing as you've had no indication of an extension.

Thanks for the answers so far guys! Client is notorious for leaving extensions till the last week!

Update: Gonna start looking any how as I see my role is advertised on the company intranet


"compensation from the EB " what can I expect in regards to compensation? Or is that a silly question

[NotAllThere]

I think it is more the other way. No notice implies no MOO implies outside IR35. Almost silver bullet. Notice in and of itself is ambivalent. You have to give your mobile phone service provider notice, but you don't employ them.

[tay]

I think I have the exact same clause. Bit bummed out by it as it does seem a bit of an IR35 magnet.

But I do have the substitution clause, and only going to be here 6 months to cover a particular staff shortage and advertise my company elsewhere apart from through agents... still worried about the 28 day notice in the contract.

[Bluebird]

The contract states:

11.1. An Assignment may be terminated by either the Employment Business or the Contractor by giving the other party in writing notice, as is specified in the Assignment Confirmation note.

the confirmation note states 28 days.


Having read that back the EB have to give me 28 days notice not the Client?

"Also, if your contact comes to the end of its duration, no notice period is required"

Is that true? So if nothing is communicated and my contract end date arrives, i can be told to do one?

It looks like you have got a 28 day agreement, which if they terminate you early you should seek compensation from the EB initially for this.

If your contract comes to an end, yes they are free to wave goodbye, but if they haven't mentioned about extension - then I'd be out there looking for roles now - also no harm in telling the client thats what you're doing as you've had no indication of an extension.