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Terminating Contract Early

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    Originally posted by GillsMan View Post
    I managed to get Barclays to accept my sub.
    I do find this quite amazing. They would have been the last people I would have expected to accept but way to go!
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      Originally posted by northernladuk View Post
      I do find this quite amazing. They would have been the last people I would have expected to accept but way to go!
      Yeah, wait until you hear how I also managed to get almost total autonomy and WFH such that I came into the office twice during a two month period at one stage.

      I don't think I was especially popular with the other contractors tbh.

      Comment


        Originally posted by icemancomeths View Post
        They are not willing to accept a sub, they are saying " We have given you the contract, for your skills etc..."

        I have offered a seamless handover at no cost to them but they still refuse.
        Tell them that they have no right to refuse the substitute, but they are free to terminate the contract in line with the terms outlined therein.

        If they continue to refuse the substitute, then leave and when they try to claim you breached it, you point out that they have materially breached the contract by refusing the substitute.

        Make sure you document the offer of a substitute and their unreasonable refusal of the substitute in writing, so they will lose any legal action, and then leave with your head held high.
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          Originally posted by TheFaQQer View Post
          Tell them that they have no right to refuse the substitute, but they are free to terminate the contract in line with the terms outlined therein.

          If they continue to refuse the substitute, then leave and when they try to claim you breached it, you point out that they have materially breached the contract by refusing the substitute.

          Make sure you document the offer of a substitute and their unreasonable refusal of the substitute in writing, so they will lose any legal action, and then leave with your head held high.
          Before you walk out check the dispute resolution clauses in your contract. Some say that you have to give time e.g. 7 days so both parties can sort out the dispute. This means it's very important that you follow up anything you say verbally with a short email to the client repeating what you see as each parties position is making sure you mention the dispute clause.
          "You’re just a bad memory who doesn’t know when to go away" JR

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            Originally posted by SueEllen View Post
            Before you walk out check the dispute resolution clauses in your contract. Some say that you have to give time e.g. 7 days so both parties can sort out the dispute. This means it's very important that you follow up anything you say verbally with a short email to the client repeating what you see as each parties position is making sure you mention the dispute clause.
            Correct and while you are going to all this trouble (let's face it -- contractual legal wrangling is not the average contractor's remit) ---- reconsider whether the perceived gain of the new contract is worth the hassle.

            Comment


              Originally posted by TheFaQQer View Post
              Tell them that they have no right to refuse the substitute, but they are free to terminate the contract in line with the terms outlined therein.

              If they continue to refuse the substitute, then leave and when they try to claim you breached it, you point out that they have materially breached the contract by refusing the substitute.

              Make sure you document the offer of a substitute and their unreasonable refusal of the substitute in writing, so they will lose any legal action, and then leave with your head held high.
              I can't help thinking this is going to end badly for the OP. Flailing about not knowing how to do something when you are messing around with contractual obligations with a difficult client is not for the faint hearted.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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                Originally posted by northernladuk View Post
                I can't help thinking this is going to end badly for the OP. Flailing about not knowing how to do something when you are messing around with contractual obligations with a difficult client is not for the faint hearted.
                Totally this. Unfortunately I think the best course of action for the OP is to suck it up and stay to the end of the contract.

                Comment


                  I really do appreciate the time you all have spent offer advice, hopefully the sleepless nights wont continue.

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