I've recently been working on a contract and the terms stated a 28 day notice period on behalf of both parties, I have now been advised that my contract has been "transferred" (ie:sold) to another agency (spits on floor), said agency (spits on floor again, having drawn up a bit of phlegm) say that the client (ie:who I [ireally[/i work for) must give me 28 days written notice of any decision to terminate my contract, same said agency (spits on floor again (with more phlegm), and kicks metaphorical dog) say I have no notice clause and MUST work to the end date of the contract, or pay up remaining days at my day rate should I decide to move on. Now, regardless of wether this is moral or right, does anyone have any inkling as to it's legality, to my mind it's unenforceable. The client has said they would never hold me to it, but I think, if I sign said paperwork, I could be held to it by the third party agency (spits on floor,(you guessed it, more phlegm) kicks metaphorical dog and urinates on copy of said contract)

thoughts appreciated (unless your Dally, in which case the word "thoughts, would imply you are a salient being, and not just a bored, lonely troll)

Take legal advice if you are concerned. You can afford it.

I don't think you meant "salient."

Sorry but not quite following this - you are working for an agency for a third party and with that agency you have a 28 day notice. They have now sold the contract to another agency and they state that the client can give you 28 days notice but that you must work to the end of the contract with no get-out clause ?

First and most pertinent point, are you happy to see out the contract, do you want to leave now and how long does the contract have to run - I'm all for making life as simple and as care-free as possible so if you're just getting wound up over a notice period that you have no intention of invoking then why worry ?

To put it another way, I have no contract of employment at all with my employer and have not had one for five years since we liquidated my company and absorbed me into their payroll, they THINK that I have a contract but its in my old company name which is now defunct and they never re-issued anything to say that I worked for their company - I like it that way, its my little secret that I could, in theory, walk out of there tomorrow or commit all sorts of indiscretions that a contract might prohibit, call it 24 years of being self employed if you like but I like to be different - having said that I have no intention of doing anything of the sort so to me its all irrelevant.

There is a clue here...[i"but I think, if I sign said paperwork, I could be held to it by the third party agency" [/i

I dont see what your problem is. Presumably you understood the conditions of the contract when you originally signed it? It appears perfectly straightforward, in that both sides have a 28 day termination clause. You would expect that the Client who pays the Agency for your expertise, to honour it, by paying them/you to the end of that 28 day limit, so why do you think you can flounce off to pastures greener without keeping to your end of the bargain, and not incur financial penalties?

Citizens Advice should be your next port of call.

Tories and fair employment/contract law= oxymoron.

Always remember they always want less regulation for business and to screw "employees" anyway they want.

Zero hours anyone?

I don't believe that's what he's saying. He can be terminated on 28 days notice but he can't terminate at all seems to be what he's said - so, if it were a 6 month contact, he's have to work the 6 months come what may or else pay the balance of unworked time (which could be rather more than 6 months).

Ah right, I thought he was simply wittering on in traditonal Saddened fashion. Yes, the way I see it, as far as the Client is concerned, they have a Contract with the original Agency for them to provide staff at an agreed hourly rate for the duration, with the option of a 28 day cancellation Notice. Provided all the relevant legal niceties are covered, Training, safety equipment etc, what the terms and conditions, this or any other Agency then employs those on its books, to fulfill that Contract is broadly of no interest to them. Most responsible firms ensure that any Agency used know what is the required standard is....meet it, or you will be removed from the Preferred list.

That the second Agency has different conditions from the first is a matter for discussion between the OP and the new Agency. Either sign up to their terms, negogiate better ones, perhaps ask the Client to put in a word, or vote with your feet, and sign on with another Agency.

Life's too short.

You can't even read my name correctly, which kind of invalidates the rest of your rambling.

The contract has over a year to run, I have no intention [iat this time[/i of leaving, I can't just sign up with another agency as there is an exclusivity clause in my contract that states I cannot work for the client for 12 months after my contract ends (be that direct or via another agency), it is actually a new contract they want me to sign as opposed to a transfer of engagement. I also don't envisage leaving within the next 4 months as I have a tenancy agreement for the house I am in. It's more about how the contract favours the agency but doesn't provide me with any flexibility should my circumstances change. I am currently waiting for a reply from the agency. This isn't me just ranting, and asking CAB would be the equivalent of rining an elderly relative who last worked in the 80's.

But if Agency A (the original agency) has SOLD the contract to Agency B (the new agency) then they surely cannot enforce the 12 month exclusion rule upon you ?

The new terms aren't as generous as you have no get-out before the end of the contract but at the least I'd expect a contract expiry date in there somewhere (or you'll still be there in 50 years time) and you presumably have had 28 days notice of this from Agency A as well ?

Its a brave new world this flexible employment isn't it ?

Expiry date is March 17th 2015!

I've put it to them quite simply, if I have need to leave then I'll just ask my employer to give me notice, more than one way to skin a cat I guess!

Who pays you - the "client" or the "agency". If the client - are being taxed as employed or self-employed?

taxation has nothing to do with it

Aren't you in effect being transferred across under TUPE?
If so the terms of your contract should stay the same or you should be given the opportunity to leave.

Also it could be said the contract was unfair and could be torn up in the courts.

Who pays your salary into your Bank Account?

And your cat skinning ploy has an obvious flaw....asking "The Client" to terminate its contract with the Agency, which they may well be willing to do, will simply invoke the 28 days Notice....

That's pretty much my take on it, all I want are the same terms, nothing more, can't see how having another agency in the chain is saving anyone money!

If its TUPE, you do not have to accept the transfer and can in effect resign, thus termintaing your contract.

problem is, I don't want to resign, I want to see the contract out

Take it or lave it then.

So your only problem is the fact that they are changing a condition of your contract that you have no intention of enacting ?

Nah neither can I, I hate exclusivity clauses in contracts TBH, I used to try and insist on an introduction fee in there instead or as well as, that way temp to perm was always an option.

Looks like they want the contract loaded on their side, any bargaining to be done?

I write this with the caveat that I have not looked at Employment Law for years, but:

If you agreed 28 days either way notice period, then this is what you agreed.

The terms of your contract cannot be altered uni-laterally.

Also, if you are transferred from one agency to another...I am wondering if TUPE comes into play.

have agreed to 45 days from me, 28 from them, was the best I was going to get.

It makes no difference apart from absolute top class experts i've never known anyone go to court over it. As long as if you do leave you give them 4 weeks notice i would be sure you'd be ok.

I've seen 12 months notice people leave after a month.

The cost and time of court action is key.

The alternate is to get another job and then call your current boss a whore / and hand in your notice you'd be out quicker than a quick thing.

Or give them your full notice and indicate that you're happy to stay at your desk for the full term, then when they ask (as they will) where you are going to tell them the name of your closest rival company. the one who would just love to get their hands on your client database - you'll be out of the door on "garden leave" so quick you won't even be able to empty your pencil drawer, they'll post the pencils home to you.

Worked for one employee at our head office last month