Breaching contract not serving full notice..

[dandandan]

I've got an offer for a new contract, although current contract states "no less than 6 weeks prior written notice".

I need to speak with the new contract, but pretty sure they're looking for me to start in a couple of weeks, maybe 3 weeks at a push. It'd be a breach of contract for sure to leave early, but has anyone done this? Assuming I'll probably lose a few weeks pay that I've worked but anything more serious than that?

[WTFH]

Welcome, Dan.
Yes, it's possible to breach a contract, and depending on what is going on at the time and how well you get on with the management of your current client, then that will affect the outcome.
If you're not busy and will not be leaving them in the lurch by walking away, then discussing it politely with them may result in them saying that they are happy to let you go, and pay for all work carried out. If you're in the thick of a project go live and will cause them a lot of problems, then they will probably want to enforce the notice period.

Can I check, is your current role a contract or permanent position, and if it's a contract are you through an agency, or are other parties involved who might have a say in the matter?

[dandandan]

Thanks for the response.

Can I check, is your current role a contract or permanent position, and if it's a contract are you through an agency, or are other parties involved who might have a say in the matter?

It's a contract position both sides. Usually I'm `Me -> Agency -> Client` but for this current contract I'm working for a consultancy which makes it `Me -> Consultancy -> Client`. My contract is with the consultancy which says 6 weeks notice (2 weeks on their end of course). I'm usually pretty good at checking these and bringing it down to around the 2 week mark before signing, or at least matching in on both sides, but hey ho.

Contractually the consultancy has agreed to provide 2 engineers to the client for the next ~2-3 months. I'm one of those 2, and would be leaving the consultancy to find/hire another contractor to fill my spot.

[northernladuk]

Negotiate with the consultancy. 6 weeks in unreasonable and you should have put your foot down at the beginning. You could argue anything over 4 becomes a problem for IR35 (unless you are inside of course).

The consultancy can sue you for any losses then incur from non billing and cost to find a replacement. Will they? Dunno. Normally in this situation you'd lose any money worked but not paid but that's agents who are an unscrupulous lot. A consultancy might be less inclined to pull that trick but who knows. I would if it was my consultancy.

But before you start worrying about it get in there and tell them as soon as possible. 3 weeks could be more than enough to back fill and skill up so it could all work out well if you get in there quick enough.

[GregRickshaw]

There's generally room for negotiations in these cases, however I don't know if it's such a great idea to jump from contract to contract (some do this of course), the recruitment agency world is becoming much smaller these days, PSL's are rife so be careful is all I am saying.

[northernladuk]

There's generally room for negotiations in these cases, however I don't know if it's such a great idea to jump from contract to contract (some do this of course), the recruitment agency world is becoming much smaller these days, PSL's are rife so be careful is all I am saying.

Agreed. It can be done but carefully and occassionaly. Being a mercenary and just chasing the rate (IMO) will end in tears at some point.

[dandandan]

Thanks both. Agreed that hopefully there's some room for negotiation here. I certainly don't want to burn any bridges, but at the same time it's hard to get onto another contract when you've got 6 weeks to serve (my fault entirely of course).

I'll chat with both parties in the morning and see if I can get it down to about 3 weeks, maybe 4. Failing that, I'll agree to the 6 weeks and 'book a 2 week holiday with the family' over the last 2 weeks now that the summer is here.

[northernladuk]

Failing that, I'll agree to the 6 weeks and 'book a 2 week holiday with the family' over the last 2 weeks now that the summer is here.

And what do you think that will achieve? Don't piss about with silly excuses that aren't even true. Makes you look even worse when you are breaching contract and then lying about it. You are a business now, not a perm so don't need excuses. End result is the same so makes zero difference, and in fact looks even worse. If you can't attend then just tell them you won't be attending and act like a professional. No sick, holidays or any of that rubbish.

Also booking fake holidays doesn't get you out of breach either. If the intention is to bypass the notice period, whatever the excuse, it's still breach.

[Lance]

just serve notice to the agent/consultancy. And let the client know you'll be leaving in 6 weeks and ask who to handover to.
Chances are the client will tell the consultancy to remove you sharpish anyway so you'll not have to do the full 6.

[dandandan]

To follow up on this one, turns out everything is fine. Looking back on this, I'm not sure why I was so worried about it and think I just got into a panic around potentially losing out on the next contract. I took northernladuk advice and had a professional conversation with the consultancy, told them I was sorry I couldn't commit to the 6 week notice period and I could only do 3 weeks. Told them what my final day was going to be and offered to help onboard/handover/document etc etc where needed. Thanks again.