Contracting and notice period

KTRIC

I started a contract on the 16th of April with a IT service company, through an agency. I heard today that the IT service company are giving me notice and want me to finish up at the end of the week.

The contract is a 6 month contract. Does anyone know what kind of notice the company has to give me if any ?

Spud83

They have to give you what it says in your contract. Either with notice or payment instead of notice.

KTRIC

Must check my contract then

The Hill Billy

Sorry to hear that.

FWIW: In the contracts that I've had down the years contract termination clauses have run pretty much as follows:

1. First month: Agency reserve right to terminate contract with 1 day's notice. This is usually put in to protect the client in case you turn up with two heads or a previously undiagnosed flesh-eating disease. Pretty much they may not think that you suit their organisation & there's no point continuing the relationship.
   
2. Remainder of contract: One month's notice to be given by either party. Standard stuff.
   
3. Special circumstances: Termination without notice. Reserved for when you get caught looking at donkey pr0n / stalk the boss's wife / head-butt the tea lady / really not cut the mustard at your job / allow boss who doesn't like you to shaft you.

As 1. has now passed & assuming that you've not been up to anything listed in 3. you need to check your contract (assuming you have one) to see what terms you agreed to.

KTRIC

The thing is because I recently started my own limited company the contract has had to be rewritten with my new company details. It was to be drawn up this week and I was to sign it. Still haven't signed it yet.

I think its a case of the boss here on site not liking me, he's a bit of a nob.

Not sure where I stand with this

qwertz

Have they signed the contract you hold?

KTRIC

qwertz wrote:

Have they signed the contract you hold?

I didn't get a copy of the original contract I signed, that was about 2 months ago. I worked for an umbrella company and the contract was between the agency and the unmbrella company.

I was told by the agency that the contract will have to be rewritten as I changed my company to one I started myself, so new company, new contract.

I'm not sure if the original contract is still valid.

The Hill Billy

KTRIC wrote:

I didn't get a copy of the original contract I signed, that was about 2 months ago. I worked for an umbrella company and the contract was between the agency and the unmbrella company.

If you signed a contract you are entitled to a copy. Get on to the umbrella company & ask for one.

If I understand this correctly - What it all boils down to is that the method by which you are getting paid has changed. Your role & the work that you do for the client is still the same. Therefore if there is a "performance" issue (i.e. the boss doesn't like you & wants you out) that may invoke a termination clause in your new contract you should push back on it as you have already proven your abilities under the terms of the original contract & the termination period specified in that contract should stand. (Or else they pay you for the period of termination up front & you leave quietly.)

KTRIC wrote:

The thing is because I recently started my own limited company the contract has had to be rewritten with my new company details. It was to be drawn up this week and I was to sign it. Still haven't signed it yet.

Why is a new contract still being drawn up if they want to terminate it by the end of this week?
Also, as the new contract hasn't been issued yet you should reasonably assume that the terms in the original one is still in place.


None of the above is legal advice - just a commonsense interpretation of what you've explained so far.