Breaking contract to go for permie job

[flipfinger]

Hi,

Need some advice / viewpoints please!

Situation is the following: just started a contract (3 weeks into six month contract), and my contract does not have a break clause (my side), as to change it would have invoked possible IR35 gods.

Anyway, a permanent role has been offered to me (one which I applied for before taking this contract, but this is beside the point) which is genuinely an opportunity which I will never have again, so I want to get out of the contract, close my limited company down and move back into the dark side.

End client are happy enough and understanding, however, agency, whom obviously have the contract with my limited company, are rightly upset as they will lose income. I genuinely wished this hadn't happened like this - the reality is the interview for the permie role happened months before taking the contract, they had just taken their time.

Bottom line is this: do I need to lawyer up? What's the legal side of this, what can the agency do to me / limited company (which is being wound up after I serve the notice period I've agreed with the end client)?

[rsingh]

If the client is ok, ask them to give you notice.

[mudskipper]

rsingh's suggestion is the best way out - get the client to give you notice. Failing that, then it would be yourCo that the agency would chase, and if you're winding up, there won't be a company to chase. In practice, it's very unlikely they'd bother. Of course they could withhold payment of your invoice...

[flipfinger]

rsingh's suggestion is the best way out - get the client to give you notice. Failing that, then it would be yourCo that the agency would chase, and if you're winding up, there won't be a company to chase. In practice, it's very unlikely they'd bother. Of course they could withhold payment of your invoice...

Cheers. Honestly, because I'm having to do this (which I don't take lightly, I absolutely hate it), I'm more than prepared to 'make things right'(er) with the agency, if that means forfeiting invoices for the notice I've already negotiated with the client, then so be it.