Notice Period

[topcat1802]

I have been offered a contract that seems a bit one sided, the contact states

 

Notice to terminate:

By Agency Immediate (for the avoidance of doubt, the Agency shall provide the Supplier with such

notice as is given by the Client. However, in the event that the Client terminates the Client Agreement with immediate effect this agreement shall be terminated in accordance with clause 5(b)(iii))

By Supplier:

N/A (for the avoidance of doubt, you are unable to terminate this agreement under clause 5(a) with notice. This agreement will continue for the entire Contract Term in accordance with clause 5(f) save for earlier termination in

accordance with clause 5)

My reading of this is that the client can terminate the contract whenever they feel like it, but the supplier (me) cannot terminate the contract, this seems to me a bit one-sided in favour of the client.

Are these terms legally enforecible, as I thought there was a minimum notice period, or does that only apply to permanent staff and not contract staff. If I signed this contract and found that for reasons not stated I wanted to get out of the contract before the end then what could the Client do?

Could they withold payment? - I would fight in the small claims court for payment.

Sue me for breach of contract? - how can I breach a contract if I terminate it.

[Atlas01]

This does look very dodgy going off s86 of the employment rights act.

 

The statutory minimum notice entitlement ranges from one to twelve weeks as follows

 

• One week if period of continuous employment is between one month and two years;
  
• One week for each year of continuous employment between two and 12 years;
  
• 12 weeks if period of continuous employment is 12 years or more.
  

I do not believe you can be forced to contractually sign this right away other than to be paid off for the period and not work it (PILON)

 

Someone will correct me if i'm wrong, I'd also be mindful that if this is raised by you they may well pull the offer and if this is an illegal term of contract you can take it up after you start and are dismissed, i'd certainly not do it now

 

The only other thing that may alter what i say is the client relationship referred to but i honestly don't know

[topcat1802]

Does the statutory notice period apply to temporary i.e. contract workers, or only to permanent employees!

[Atlas01]

temporary/fixed term contracts should have an end date and if the dismissal is before then the appropriate notice period should apply, the best quote i can think of is if your being fired you should at least see the bullet coming before it happens!