I want to leave a contract early

[RuddyNorah]

I'm half way through a contract that involves lifting printers every day. I've been getting back pain and I'm using Ibuprofen daily. The job spec did not mention the size and weight of the printers, merely that "there will be manual handling".

I've decided I want to leave as I'm concerned about my back. I have been offered another contract that starts in one week, the problem is my current contract requires 4 weeks notice.

I feel the best way forward is to tell the agency and umbrella asap, hope they and the client agree to allow me to leave after one more week, and hope that gives them enough time to find a replacement. I know someone who would be keen to take my place and would be suitable for the job, so maybe that would help. There is very little learning curve in this job so the next guy should be up to speed within a day.

They're unlikely to demand that I continue lifting printers for 4 more weeks, and there aren't any other tasks they could assign to me for the next 4 weeks, but I realise there are legal implications in leaving a contract early.

Is there anything else I could say to them to help smooth the process and get them onside?

[courtg9000]

I might get some flack for suggesting this, but a medical note from a doctor might be of some help here.

[malvolio]

I agree. If the work is too physically heavy for you, that is the client's H&S issue rather than yours. A note from an GP (If you can reach one!) would be the first step - after you have raised it with the client...

[RuddyNorah]

Thanks, I'll raise the issue with all parties on Monday morning. I have requested a medical note from my GP - they have emailed to say they'll give a response by Thursday, so hopefully this will resolve amicably.

[JustKeepSwimming]

I'm with everyone else. Just get a doctors note to the words that they have concerns the work is causing you health issues. Provided it's not a small firm with owner-manager who rules by feefees they will just let you go and suck it up.

There would be far too much grey for an objectively run company to do anything other than relieve you.

Considering the prevalence of remote private GP services, it's really not hard to get a GP note signing you off for weeks for <£100.

Absolutely help a brother out and recommend a replacement, not sure it would have much impact on the outcome though.

[hobnob]

I'm half way through a contract that involves lifting printers every day.

Is that the same contract you mentioned here?
Is it worth setting up a Ltd company for a 3 month contract? - Contractor UK Bulletin Board

If so, that means that it was offered as an outside contract (even though you're now using an umbrella), so in theory they should be willing to accept the right of substitution, i.e. they'd be happy for someone else to take over the role. You won't actually be able to use that directly, but it bodes well.

I'd start by talking to the client. You're probably right that they won't be able to offer you anything else, but it will help your case if you show willing. I.e. "I'm happy to stay on if you've got other work for me to do, but I'll step aside if that's not practical" rather than "hey, I've got a new contract, I'm off!"

[RuddyNorah]

Yes it's the same contract... good point about the right of substitution .. the umbrella company is involved by my choice rather than being obligatory .. thanks.

[malvolio]

Yes it's the same contract... good point about the right of substitution .. the umbrella company is involved by my choice rather than being obligatory .. thanks.

Why is RoS relevant? Substitution in this context means handing your contract over to another person in its entirety, but the contract remains with the original contractor. What you are demonstrating is that it is not a contract of service (you have to do it) but a contract of services (anyone qualified can do it). Totally irrelevant if you are working through an umbrella and are therefore an employee (legally if not in reality) and so under a contract of service.

You will smooth things over considerably if you can tell the client that you have someone who can take over the work immediately, but that's as far as it goes.

[jamesbrown]

Substitution in this context means handing your contract over to another person in its entirety, but the contract remains with the original contractor.

It's probably just your phrasing, but substitution means that another worker performs the work that you, personally, would otherwise have performed, but the contracting party remains responsible and liable for delivery and invoicing etc., there is no "handing over of the contract", just the work. Substitution is an alien concept in proper B2B contracting, it's an artifact of employment case law to demonstrate that a worker is not personally responsible for delivering the work. Subcontracting is the more general concept where the responsibility, again, remains with the contracting party. Assignment, on the other hand, is where the legal obligation shifts to the contracted party.

[malvolio]

It's probably just your phrasing, but substitution means that another worker performs the work that you, personally, would otherwise have performed, but the contracting party remains responsible and liable for delivery and invoicing etc., there is no "handing over of the contract", just the work. Substitution is an alien concept in proper B2B contracting, it's an artifact of employment case law to demonstrate that a worker is not personally responsible for delivering the work. Subcontracting is the more general concept where the responsibility, again, remains with the contracting party. Assignment, on the other hand, is where the legal obligation shifts to the contracted party.

OK, I tried to clarify that in the following sentence...