Early Exit

[Pablos68]

Hi Guys

First time poster.. so please forgive any daft questions.

I'm with an umbrella for my first contract.. one of the big ones. All seemed ok, apart from the realisation just recently how tax ineficient I am at the moment, but thats by the by.

My client has been very happy with me, and recently extended my contract and also gave me a cash bonus.

All was good... and I am half way through the last extension.

I came into office this week to be told they have interviewed a person to fill my role on a permanent basis, rather than contract... absolutely fine, I am after all a contractor and to be honest, the organisation plans have been in development for some time, hec with my input to..

So its not a massive suprise although some what earlier than expected. My client wants me to finish with 2 weeks notice. My contract specifically states 1 month written. But the client is stating they have a contract with my umbrella stating 1 week, and when you consider they have given me 2, is generous.. if correct.

I contacted my umbrella, and I must admit, I am not impressed, they advised me to speak to my clients HR people direct (when I thought they should handle this sort of thing) and if the client insisted on the shorter period there would be a problem.

So I have done so, and the client still insists they are correct, apart from being embarrased about having to speak to the client about this myself, I am worried my umbrella have agreed to another contract without my knowledge, in fact (Ive taken screenies) my contract schedule still says 1 month written notice from client. My umbrella stated "this is not something we usually get involved in" .. WHAT ! what are there for then, I am supposed to be there employee and despite the thin veil of just taking a fee to process my salary, should be protecting me also.

I know the client could invoke clauses of being unhappy with my work all of a sudden and terminate immediately, but would that wash after months of happiness, bonuses etc..

I dont want to end the relationship on a bad note, but cant help feeling a bit aggrieved.

Has anyone else had previous experience like this, am I being naieve and should just take the 2 weeks notice or stand my ground, probably burning any bridge of getting more work from this client..

Now Im waiting for my umbrella to get back to me, probably to tell me the client can do what they want and on top of that they wont be processing my last expenses seeing as I will be out of contract soon.

Confused and worried Pablos.

[northernladuk]

Has anyone else had previous experience like this, am I being naieve and should just take the 2 weeks notice or stand my ground, probably burning any bridge of getting more work from this client..

A real bum deal agreed but if you do stand your ground but without going in to the legalities of the whole thing what are you going to do? The contract is worthless unless you want to take it legal. They may bow after a load of crappy mails and fall out and you get what? 2 weeks pay?

In this case I would be very understanding with the client, show true professionalism and just wait till the come knocking your door down next time so work comes up.

[Steven@Parasol]

I contacted my umbrella, and I must admit, I am not impressed, they advised me to speak to my clients HR people direct (when I thought they should handle this sort of thing) and if the client insisted on the shorter period there would be a problem.

Pablos - I know this isn't helpful at the moment but I'm amzed that your umbrella's HR told you to contact the client direct, that's shocking and it should be your umbrella that is going into bat for you. They are your employer.

[original PM]

I contacted my umbrella, and I must admit, I am not impressed, they advised me to speak to my clients HR people direct (when I thought they should handle this sort of thing) and if the client insisted on the shorter period there would be a problem.

Pablos - I know this isn't helpful at the moment but I'm amzed that your umbrella's HR told you to contact the client direct, that's shocking and it should be your umbrella that is going into bat for you. They are your employer.

Except that the umbrella company see the relationship with client/agent as more lucrative than with their employee and as such will NEVER go into bat for the employee.

Remember HR are there to ensure Senior Managment get the best deal for them not to ensure the employment legislation is satisfied.

[Pablos68]

Well it gets better, my umbrella have buckled without trying to represent me at all, as a previous poster commented, all they are interested in, is their slice. They wont rock the boat in case it risks any future business with the client.

They have said due to an admin error, the contract should have read 1 weeks notice, and they will not be able to do anything about it, but they will process my expenses up to that period.. lucky me.

[Support Monkey]

2 things to do:
1) stop worrying and move on as its not worth losing sleep over, notice periods are not worth the paper there written on anyway

2) Go limited, if your staying contract its the best way

[LisaContractorUmbrella]

Well it gets better, my umbrella have buckled without trying to represent me at all, as a previous poster commented, all they are interested in, is their slice. They wont rock the boat in case it risks any future business with the client.

They have said due to an admin error, the contract should have read 1 weeks notice, and they will not be able to do anything about it, but they will process my expenses up to that period.. lucky me.

You should have had a Contract of Employment with your umbrella company which would have contained a notice period to terminate your employment. The Agency would have had a business to business contract with your umbrella company which would have had a notice period for the termination of the assignment which you had undertaken. If I understand you correctly your umbrella company altered your contract of employment with them to be reflective of the business to business contract with the Agency - this is not the way it should be done.