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When I had the last contract reviewed, and also took out my IR35 insurance, I was advised that my not being able to give notice might be construed as some kind of MOO.
immediate on their side, no option on my side - I'm contracted to supply a work item
When I had the last contract reviewed, and also took out my IR35 insurance, I was advised that my not being able to give notice might be construed as some kind of MOO.
If you havn't signed the contract yet you could probably tell the client that you are unable to agree terms and the agent can't get their act together so will not be coming in next week as you still don't have a contract with the agency.
I stupidly did exactly the same this year. The agency was just fobbing me off for my "No notice can be given" clause that I saw after I started. So I explained to the client that I wasnt happy and would not be coming in the following week if the agency didnt change it. He promptly phoned the agent there and then. THe ammended contract was brought to me in person by my agent the next day. THe clientCo holds all the cards, you are powerless as far as agents are concerned!!
Thanks for the reply.
Monday three weeks ago i started. I do not want to leave any party without suitable time to replace me. Just I do not know what notice period should be associated to my predicament.
If you mean Monday as in yesterday, then you could probably just walk. Client isn't going to be happy and you won't get paid for the day or two work you did, but that's what happens if you bail.
Fortunately / unfortunately I was offered a contract by phone about one hour before I got on a plane for a nice two week holiday. I verbally accepted the contract and agreed a start date.
While I was on holiday the agency was not able to send me the contract due to delays on their side. I came back to the UK and started at the customer site on the Monday. I received my contract by email Monday at midday. (So I started before seeing the agency content of the contract)
Unfortunately I spotted some mistakes in their contract and requested
1/ Days / hours per week to be added
2/ Termination period from Contractor to Agency to be added as 14 days.
(Agency to contractor was already stated as 14 days).
At the moment the agency verbally said they are happy to change the notice period to 30 days. I am waiting on a reply for the 14 days i requested.
Now I have a problem and I know they are of my making due to starting work before signing a contract I was happy with.
The problem is I wish finish the contract, preferably give 14 days notice to enable to customers to have suitable time to find suitable resource to replace me.
Do I have a notice period? Am I governed under the Agencies contract as I did not have sight of it until after I was on the customer premises?
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