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Previously on "Advice on Notice period in contract please"

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  • simes
    replied
    Always a good contract for IR35 too, isn't it?

    Leave a comment:


  • BolshieBastard
    replied
    Dont start work until you read the contract. That way if you dont like a clause, you've better chance of getting it changed.

    Notice clauses are normally determined by the end client. If they are happy to have a recipricol agreement then the agent will normally change it. If the client doesnt want it, the agent rarely agrees to change it.

    Leave a comment:


  • Not So Wise
    replied
    Would not stress it, client who wants to force a contractor to stay somewhere he does not want to be would not last long anyway

    If you want to end early normally a quite word giving reasonable notice with the client is enough to get out of the contract. Agency might kick up a fuss afterwards but it will be just hot air

    Leave a comment:


  • ratewhore
    replied
    Originally posted by richt5a View Post
    I have just received a contract for a role I started two weeks ago. All looks ok except for the termination clauses.

    First clause says
    • “Company may terminate the contract immediately for any reason by giving written notice to the contractor”

    Not nice but I’m broadly ok with that.

    Second clause says:
    • The Contractor may only terminate the contract if
    • The Company is in default of any agreed payments under the Contract and fails to remedy within 14 days of receiving a written demand from the contractor
    • The Client fails to accord the Contractor reasonable access to premises, equipment, personnel or other information required for the Contractor to provide the Services
  • And then only by giving the Company four weeks notice in writing.


So in essence I cannot give notice on the contract except under two exceptional circumstances.

Now I have no intention or plan to break the contract but who knows what circumstances might arise where it may becomes necessary to leave a contract. And I can’t believe any company would enter a contract with no legal way out of the contract to cover circumstances that may arise that they need to stop providing services.

Any thoughts welcome.
Nothing there to say you have to work your notice is there? If you need to bang out, you serve notice as per the contract, and then don't bill.

Simples...

Leave a comment:


  • RichardCranium
    replied
    I have had a few contracts with "no termination" clauses. In my first contract, that was a huge pain in the arse.

    But since then, I escaped from the last one by means of a (kosher) letter from my GP and assisting them to recruit my replacement and doing a hand-over. The client and the agent are still human; if your life turns to rat-tulip they will very probably understand.

    It is intended to stop you buggering off to a higher paying contract; if a builder doing my conservatory did that I'd be pissed off so I can see the point.

    If you really want to get out of the contract at short notice, that has come up a number of times in the past. Waving your willy at the receptionist gets recommended most frequently; other methods are available.

    Leave a comment:


  • Paddy
    replied
    I presume you are on about Computer People. You will many differing opinions from other contractors on this. I believe you may have been sent a standard set of terms and conditions. If that is the case, my argument would be that they are not enforceable because a court would find some conditions unfair. Years ago I contracted for CP with the same conditions and I jumped ship half way through. They threatened never to take me back as a contractor again. But a year later they did, and a couple of years later yet another one.

    In these hard times I suggest you take it. The contract is with you Limited Company, if the worst comes to the worst; then fold up the company and start a new one.

    Leave a comment:


  • richt5a
    started a topic Advice on Notice period in contract please

    Advice on Notice period in contract please

    I have just received a contract for a role I started two weeks ago. All looks ok except for the termination clauses.

    First clause says
    • “Company may terminate the contract immediately for any reason by giving written notice to the contractor”

    Not nice but I’m broadly ok with that.

    Second clause says:
    • The Contractor may only terminate the contract if
    • The Company is in default of any agreed payments under the Contract and fails to remedy within 14 days of receiving a written demand from the contractor
    • The Client fails to accord the Contractor reasonable access to premises, equipment, personnel or other information required for the Contractor to provide the Services
  • And then only by giving the Company four weeks notice in writing.


  • So in essence I cannot give notice on the contract except under two exceptional circumstances.

    Now I have no intention or plan to break the contract but who knows what circumstances might arise where it may becomes necessary to leave a contract. And I can’t believe any company would enter a contract with no legal way out of the contract to cover circumstances that may arise that they need to stop providing services.

    Any thoughts welcome.

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