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Advice sought about notice term in contract

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Dawie
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Posts: 1699
Joined: Mon Jan 16, 2006 1:54 pm
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Advice sought about notice term in contract

Post by Dawie » Sat Nov 11, 2006 11:37 am

The Services: The provision of computer consultancy services to the Client at the Contract Site

The Contract Term: From: 14/11/2006 (“Commencement Date”)
To : 14/02 /2007
or for such further period as may be agreed (verbally or otherwise) from time to time by the Parties. NOTE: The Supplier shall be liable for damages for breach of contract in the event that the Supplier shall fail to provide the Services during the Contract Term including any further period agreed as above. The Supplier may not terminate this contract.

Standard Hours: As Agreed with Client per week

Overtime Hours: Hours other than the standard hours worked by the Supplier and approved by the Client

Standard Hours
Pay rate: £XXX per day

Expenses: None, unless authorised in writing by the Client and supported by original vouchers/receipts

Payment terms: Fortnightly within 14 days of invoices received PROVIDED that the Supplier shall have complied with the terms and conditions overleaf including clause 1.3

Notice Period: 1 week

Supplier Notice
Period: N/A
I just wanted to find out if anyone else has seen a contract agreement like this one above where the supplier of the services (i.e. the contractor) does not have any notice period and is not allowed to terminate the agreement.

Is this normal in the UK? I've worked other contracts before and have always had a notice period. It seems a bit strange that the contractor cannot terminate the contract at all. What happens if I get sick or some other mishap should happen that prevents me from fulfilling the agreement.

Is it fair to request a supplier notice period that is the same notice period that the agency has to give me if they want to cancel the contract?

Any input would be gratefully appreciated.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

vin123
Member of Standing
Posts: 403
Joined: Sun Nov 17, 2002 1:01 am

Post by vin123 » Sat Nov 11, 2006 1:09 pm

This is not uncommon, and more than that - it gives you a stronger edge, and it works in favour of you (as per PCG) to beat IR35.

Basically, short term contract with no termination notice means that you are employed fixed term to complete a job that needs your skill.

If you are a member of PCG, search the documents area and its clearly explained with an example like below.
If you employ a builder to do some work it gives more power to you (as a company) to terminate the builder if the company finds the work unsatisfactory.
On the other hand, you would not expect the builder to terminate and leave the work anytime as he is bound to finish the both term(contract period) and work(skill based) . Clearly, your consent is required for any such early terminations.

VinLopez
Newly Registered
Posts: 21
Joined: Fri Nov 10, 2006 9:51 am

Post by VinLopez » Sat Nov 11, 2006 3:18 pm

yeah, i've seen that. many banks do not allow the supplier to terminate the contract. dastardly, but worth getting some investment banking experience.

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