Early termination of contract (no agency involved)

**pmeswani** · 5 January 2009, 15:43

Originally posted by andrew_xlb View Post

Hi All,

This is my first post - please be kind!

I am in a 6 month contract (I should be grateful I know) and I am working without an agency (IE I invoice directly tot he client) but I am desperately unhappy. Coupled with this, I have been offered another contract with a previous client - even better news!

I previously read through my contract and am pretty sure my contract does not mention a notice period "contractor > client", however theirs to me is "1 week".

I have read a number of very similar posts on here and other sites, all telling me that I will be contractually obliged to fulfil the term of the contract..however, I wonder if I have ANY options..?

a) If extreme personal circumstances were to be involved (IE a family bereavement), could talking to my manager do any good/result in being able to terminate early?

OR

b) Could I find a friend who needs the work and substitute them for me..still charging through my company..? (not sure if thats right)

OR

c) Do most clients put this in their contracts but rarely follow through on legal action etc? I would not be desperately upset to lose the outstanding monies to my company if it meant I could escape this place..

Thanks in advance..

Sometimes you find that some clients would be happy to mutually terminate a contract without penalty, as long as you get it in writing. If I were you, I would speak to the client and be honest with them and let them know the situation. You may be required to give some notice. I could suggest other things you could try, but I may get shot down for it.

**b0redom** · 5 January 2009, 15:46

a) Maybe

b) Depends on what your contract says - you should be able to assuming you're IR35 compliant.

c) Depends on what your contract says.

Why are you unhappy? Have you talked to your customer contact? I guess you could always just tell them that you're going to be unavailable for the next 8 weeks - you may find that they exercise your 1 week notice period.

**Pickle2** · 5 January 2009, 15:50

The standard advice is to wait for the tea trolley to come around and stick your kn0b in a jammy donut. You should find yourself free to take up the new gig in short time.

**TheFaQQer** · 5 January 2009, 15:52

Originally posted by andrew_xlb View Post

a) If extreme personal circumstances were to be involved (IE a family bereavement), could talking to my manager do any good/result in being able to terminate early?

Possibly - although you may find it better to be up front about things about you not being happy there. Karma says that you shouldn't make something up - you'll get caught and make the situation worse (I worked with someone who "broke his leg" to get out of a contract. Twice, on successive contracts. And each time, he was replaced by the same person...)

Originally posted by andrew_xlb View Post

b) Could I find a friend who needs the work and substitute them for me..still charging through my company..? (not sure if thats right)

If you have a right of substitution in your contract, which the client cannot veto, then this is the BEST way round the situation (plus you may even find someone cheaper than you). One thing to be wary of is that you would lose out on the FRS VAT though, since you wouldn't be claiming back all the VAT on your supplies. However, it is a way out of the contract with no legal comeback.

Originally posted by andrew_xlb View Post

c) Do most clients put this in their contracts but rarely follow through on legal action etc? I would not be desperately upset to lose the outstanding monies to my company if it meant I could escape this place..

Don't know whether they are likely to sue you or not - depends on the client. Bear in mind, though, that if they did then they would have a pretty good case (IANAL) and they could potentially sue for damages such as the cost of re-advertising the job, any incidental costs of a late go-live if they can't get someone to do your job, etc.

Best of luck with whatever you decide to do, though. Personally, I'd be grateful to be working at all and stick it out.

Alternatively, if it's a decent Oracle job in a decent location, I'll do it for you

**andrew_xlb** · 5 January 2009, 16:09

Thanks for all the advice - very helpful!

The role is not what I signed up for unfortunately, and the project I was brought in to work on has still not even finished initial development. I have been kept on but assigned to very fluffy / light projects so am feeling bored and frustrated. I wouldn't normally mind, as the pay is good, but there is a longer commute (2 hours) for this, and I know I would be far happier and achieving far more in the other offered role.

If I highlight the fact that my original purpose for being brought in has not materialised, and that the work i am doing could easily be covered elsewhere - would this again ease my slipping away??

**TheFaQQer** · 5 January 2009, 19:45

Originally posted by andrew_xlb View Post

If I highlight the fact that my original purpose for being brought in has not materialised, and that the work i am doing could easily be covered elsewhere - would this again ease my slipping away??

I would expect so - but only you know what the client is likely to say.

I think that a quick chat that says "look, mate, it's not really what I signed up for - I appreciate you helping out by keeping me around, but I really want to be doing XYZ instead, and think it's better if we call it a day..." is better than making up some excuse about someone being ill.

You might be able to sell them on the idea that they can save money by cutting back on your time now, until they need you - "if I'm available when the project really kicks off, then I'm more than interested in coming back, etc. etc."

Early termination of contract (no agency involved)