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Perm to contract - what would you do?

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    Perm to contract - what would you do?

    Hi, in a bit of a self induced pickle.

    I want to move from perm to contracting. Told my employer a few weeks ago, was very upfront, and offered to contract for them. They declined and after some to-ing and fro-ing they are insisting I work the end of my 3 month notice and are playing absolute hardball. The problem is I have this fantastic contract ready to go, and unusually they've waited for me. I know all the legal blurb about breaching the contract and leaving before notice etc - I won't go into the ambiguities in my contract, and I have been as transparent and open as possible, not wanting to burn bridges etc. But seriously, what are the ramifications? Could I be carving out a bad reputation for my future (from a previously impeccable one). The company are notorious and I was foolish to agree 3 months. Been there about 18 months. Or, should I just grow a pair, suck it up and walk? They have a clause about deducting costs etc from my final salary so either way they're going to wipe me out, right?

    Would appreciate thoughts/experiences
    TIA

    #2
    Get a subbie in for the contract role and work your notice, then bin the subbie and take over.

    Comment


      #3
      Most contracts have a fettered subbie clause and being a newbie, its hardly likely to show you in good stead.

      You need to bite the bullet. Either tell your current employer on the day you get paid that you wont be in tomorrow or, you'll have to give backword on the contract (if you cant get a sub in).

      That's the plain reality.
      I couldn't give two fornicators! Yes, really!

      Comment


        #4
        Originally posted by Les67 View Post
        Hi, in a bit of a self induced pickle.

        I want to move from perm to contracting. Told my employer a few weeks ago, was very upfront, and offered to contract for them. They declined and after some to-ing and fro-ing they are insisting I work the end of my 3 month notice and are playing absolute hardball. The problem is I have this fantastic contract ready to go, and unusually they've waited for me. I know all the legal blurb about breaching the contract and leaving before notice etc - I won't go into the ambiguities in my contract, and I have been as transparent and open as possible, not wanting to burn bridges etc. But seriously, what are the ramifications? Could I be carving out a bad reputation for my future (from a previously impeccable one). The company are notorious and I was foolish to agree 3 months. Been there about 18 months. Or, should I just grow a pair, suck it up and walk? They have a clause about deducting costs etc from my final salary so either way they're going to wipe me out, right?

        Would appreciate thoughts/experiences
        TIA
        My thoughts?

        Stay permie - you might be giving a contractor a nice cushy job for a couple of years.
        "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
        - Voltaire/Benjamin Franklin/Anne Frank...

        Comment


          #5
          Originally posted by cojak View Post
          My thoughts?

          Stay permie - you might be giving a contractor a nice cushy job for a couple of years.
          Ha no chance pal! See you out there....

          Comment


            #6
            Originally posted by BolshieBastard View Post
            Most contracts have a fettered subbie clause and being a newbie, its hardly likely to show you in good stead.

            You need to bite the bullet. Either tell your current employer on the day you get paid that you wont be in tomorrow or, you'll have to give backword on the contract (if you cant get a sub in).

            That's the plain reality.
            Agreed. Appreciate the push, thanks

            Comment


              #7
              Originally posted by Les67 View Post
              Ha no chance pal! See you out there....
              1. Cojak is a pal'ess
              2. Offering to contract for your ex employer is a big mistake and you are going to have to understand contracting a little better than that if you are going to survive.

              If your employer is going to play hardball breaching your contract could be a bad idea. Not many will follow it up but I'd not be willing to bet that in this example. They will be able to sue you for damages arising from having to employ someone to finish your notice or any direct losses incurred by you leaving.

              You can kiss any references goodbye as well which you may rely on for gigs in the short term while you get started.

              Being a contractor means we skip from gig to gig. If one doesn't suit us we wait for the next. They are not like employment offers when they are more few and far between. Even if this gig you have lined up is a doozy it's only temporary so you could be done in 3 months. To be fair until you are sat at your desk first day you have to assume you have nothing. It's not uncommon for gigs to evaporate inbetween contract signing and arriving on the first day. Stop thinking like an employee, there are lots of opportunities out there. If one doesn't suit then find another. Work your notice and then go look for a contract, if your first one is a bit crap it doesn't really matter as you won't be there long.

              Remember getting a sub in means you also have to get them up to speed in your own time at your cost. It doesn't mean just throwing a random body at the client and leaving them to it. You have to do a handover so that sub can continue your work seamlessly.
              Last edited by northernladuk; 20 July 2015, 19:21.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                ....

                Originally posted by Les67 View Post
                Ha no chance pal! See you out there....
                So you want to start out your contracting life by breaching a contract?

                Comment


                  #9
                  Originally posted by Les67 View Post
                  Ha no chance pal! See you out there....
                  Then I guess you know all about the dividend tax coming in next April, and you've already contributed to the potential travel and subsistence tax that's in the consultative stage?

                  I'm pleased that some people have done their research before making the move...
                  "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                  - Voltaire/Benjamin Franklin/Anne Frank...

                  Comment


                    #10
                    Originally posted by tractor View Post
                    So you want to start out your contracting life by breaching a contract?
                    Truthfully, yes. Relying on 20 years with long service, excellent reputation and a leap of faith. I've got the bug, and the pragmatic view that everyone needs to start somewhere . Plus, I keep looking at my perm daily rate, compared to contract daily rate - apples and pears I know, but....

                    Comment

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