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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48745
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm an IT contractor working through an umbrella company. I

Resolved Question:

I'm an IT contractor working through an umbrella company. I started my current role 4 weeks ago. When I started I challenged the notice period - 7 days for the end client, 4 weeks for me.This morning, I gave 4 weeks notice as per my contract. This afternoon, my line manager at the end client told me he wants me to leave in 7 days and is giving the 7 days notice he needs to.Do I have to accept the 7 days notice from the end client even though I've complied with my contract?
Submitted: 26 days ago.
Category: Employment Law
Customer: replied 26 days ago.
NB - although I challenged the contract originally I was told I had to comply.
Expert:  Ben Jones replied 26 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 26 days ago.

There is no legal right to have an equal notice period so an employer is able to have a different notice for termination for the employee and for them. You may have challenged the contract initially but if you started to work under these terms they will be binding as nothing else was agreed.

If you resigned by giving 4 weeks’ notice all you have done is set an end date for your services based on this notice requirement. The period in between does not change as the notice period is treated the same as any other period of employment. During that time the employer can also give you notice of termination and whilst usually it would be the same length as yours, meaning they cannot end your contract early, in circumstances where the notice period required by them is shorter, they can issue you with that and basically end your employment earlier than if your notice period had been worked in full.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

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