Question about Fixed assignment

[anddrew]

Hello,

Please forgive my ignorance, as I am new to contracting.

In my contract it is written:

The Agreement may be terminated at any time by either party upon the provision of 28 days notice in writing to other party unless stated otherwise in the schedule.
But in an additional document called "Consultant Assignment Schedule":

Notice of Termination Periods
Company to Service Provider: 1 Week
Service Provider to Company: Fixed Term Assignment
Does this mean that I cannot quit this contract at all? What if I do quit, would they sew me or what?

And also is this really bad for IT35?

Thanks in advance...

[BolshieBastard]

Hello,

Please forgive my ignorance, as I am new to contracting.

In my contract it is written:

The Agreement may be terminated at any time by either party upon the provision of 28 days notice in writing to other party unless stated otherwise in the schedule.
But in an additional document called "Consultant Assignment Schedule":

Notice of Termination Periods
Company to Service Provider: 1 Week
Service Provider to Company: Fixed Term Assignment
Does this mean that I cannot quit this contract at all? What if I do quit, would they sew me or what?

And also is this really bad for IT35?

Thanks in advance...

Yes, it means you have no contractual basis for terminating the contract. Yes, they could sue if you did leave.

Er, what's 'IT35'?

[malvolio]

But as I've said before, several times, it's good for IR35 since you can demonstrate a lack of Mutuality. Plus, of course, employees have to have a right to a paid notice of termination period.

Perhaps a read of the PCG's Guide to Freelancing might help...

[northernladuk]

And also is this really bad for IT35?

Thanks in advance...

[anddrew]

Thanks!

(sorry, meant IR35).

[tswetanm]

Yes, it means you have no contractual basis for terminating the contract. Yes, they could sue if you did leave...

Are you sure?
From Ending and renewing your fixed-term contract | nidirect

Ending a fixed-term contract:
...
You have the right:
- ...
...
- to a minimum notice period of your contract ending before the agreed end date, task or event

The minimum notice period you are entitled to is:
after one month’s continuous service, but less than two years: one week’s notice
after two years' continuous employment: two weeks’ notice if you have been continuously employed for two years

[ASB]

Are you sure?
From Ending and renewing your fixed-term contract | nidirect

1) That applies to Northern Ireland (though it will probably be identical here)
2) That relates to fixed term employment. It may be the case that the OP is an FTE but it would appear more likely that they are not.
3) The terms can of course get confusing.

[speling bee]

Are you sure?
From Ending and renewing your fixed-term contract | nidirect

What are you up to?

[TheFaQQer]

Are you sure?

Two years ago, yes. Now, no.

[northernladuk]

The UK pages are here...

https://www.gov.uk/fixed-term-contra...dterm-contract

Confusingly it says...

Ending the contract early

Employees must hand in their notice 1 week in advance if they’ve worked for an employer for a month or more. The contract may state that they need to give more notice.

If the contract has no notice period then I would read in to it they cannot give notice as the last point in the paragraph refers to the contract conditions? I could see how you argue the other way though.