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Shout99 - Freelancers, FO35, Section 660
  
Shout99 - Freelancers, FO35, Section 660

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Contract dispute.
by mikejac at 10:51 10/08/12 (Ask-Legal-Accounting)
A disputed notice period.
In the preamble to signing a contract, the Ltd Co. Contractor stressed the importance to the Employment Agency, in various telephone calls, that a one-week's notice was an absolute minimum needed because of up-front costs such as travel, accomodation, etc. and the Agency's need for a quick start.

In the subsequent written contract between the Contractor and the Agency the first clause states that the Assignment with the Client carries a one-week's notice period.

Later in the contract pages, the standard agreement terms state that the Agency may "at any time", "without notice or liability", "cease the work, in any event" or "where---", etc, listing numerous other events take place.

In the commencement of the contract work, the Contractor served less than one week and was then dismissed by the Client without notice.

The Agency then refuses to pay one week's earning in lieu of notice.
They say that this is because the Client states that the Contractor's services were not satisfactory.

The Contractor believes that the real reasons are of a personal and not technical nature. but the details are perhaps not relevant here.
The problem or question is this;-
There is a conflict between the references to notice period in the two clauses of the Contract.

Also, there is surely an implicit verbal contract for the notice period in the initial calls between Agency and Contractor.
Your experts opinions are invited as to the Contractor's rights to payment of notice period.

Thanks in advance.

mikejac

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Contract dispute. mikejac - 10/08
    Re: Contract dispute. egos - 9/08
 
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