Breaking contract / Quitting

[northernladuk]

Thanks for all the replies.

Do people recommend breaking the news to the agent, or to the client?

From what I know the agent has a long-term, exclusive relationship with the client (dunno if that makes any difference here).

One you are legally obliged to do as per contractual terms, the other would be out of courtesy.. I'll let you work out which one is which.. You really should know this. You a CONTRACTor with a client.

I understand that at the new gig I will be replacing a leaver (who is leaving a bit suddenly) - so I don't know how much longer I can stretch. There is a one-week handover from the leaver.

My plan is to wait till the last possible minute - last stages of final interview which is next week - to bring up start date.



How is it possible to end the contract without breaking?

It's breach.. not breaking.. Breach of contract. You give notice as per terms of the contract or you negotiate your way out.

Money is paid out weekly so I won't lose much. Does anyone have experience of these legal threats? Are they normally carried through (assuming we don't part on a decent note) ? Will they look to me to pay some money as compensation?

It's not uncommon contractors lose their money, they shouldn't but possession is 9/10ths. We see that fairly regularly on here. Threats for breach? We haven't seen it per se on the forums yet. That's not to say it's not happened yet. They are well within their right to sue you for losses (if they can evidence any).

Legality to one side for a minute, breaching contract is very poor form. It does come back and bite people. Contracting is a small world. Someone posted today or yesterday it's bitten them twice. Unfortunately the didn't go in to detail which would have been interest.

It's up to you. Most people get away with it, some people don't. Question is.. Do you feel lucky... punk?

[LondonManc]

Money is paid out weekly so I won't lose much. Does anyone have experience of these legal threats? Are they normally carried through (assuming we don't part on a decent note) ? Will they look to me to pay some money as compensation?

Interesting. I seem to recall on here someone saying that your effective notice period is the same as your payment period. Not sure if that carries weight and trumps your contractual notice or not though.

Have you spoken to your agent about the IR35 issue or is that tulip and you are simply jumping for more money?

[theroyale]

Interesting. I seem to recall on here someone saying that your effective notice period is the same as your payment period. Not sure if that carries weight and trumps your contractual notice or not though.

Have you spoken to your agent about the IR35 issue or is that tulip and you are simply jumping for more money?

Day rate is exactly the same on both. Issue as I stated in my first post is the untenable behaviour of the manager (oppressive amounts of control) as well as a complete lack of interesting work.

[BigRed]

I've often wondered about days you aren't available in these circumstances, it's very rare I get asked if I have holidays booked apart from the occasional agent at the very start of the process and I normally tell them I'll be off when I feel like it, they don't get to approve my holiday plans. So tell your existing company you are unavailable for two weeks in a couple of weeks time and you are giving them one months notice so your break will take you to the end of the notice period but you are willing to come back for a week after your break if they really want you to. Next, tell the new company you can be with them in two weeks for the handover but that you have a week the following month which is prebooked. In much the same way that companies can release you because there's no work to do you are normally in charge of the days you work and can probably come to some arrangement. I've never signed anything giving them exclusive use of my services over a time period and if they don't like it they can terminate the contract.

I'm sure they won't be entirely happy with it but I'm not sure they can do much about it. Anyone else have thoughts along these lines?

[SlipTheJab]

I've often wondered about days you aren't available in these circumstances, it's very rare I get asked if I have holidays booked apart from the occasional agent at the very start of the process and I normally tell them I'll be off when I feel like it, they don't get to approve my holiday plans. So tell your existing company you are unavailable for two weeks in a couple of weeks time and you are giving them one months notice so your break will take you to the end of the notice period but you are willing to come back for a week after your break if they really want you to. Next, tell the new company you can be with them in two weeks for the handover but that you have a week the following month which is prebooked. In much the same way that companies can release you because there's no work to do you are normally in charge of the days you work and can probably come to some arrangement. I've never signed anything giving them exclusive use of my services over a time period and if they don't like it they can terminate the contract.

I'm sure they won't be entirely happy with it but I'm not sure they can do much about it. Anyone else have thoughts along these lines?

To me it depends how I've been treated by the client, if they've been fair and accommodating then I will be the same (that includes not doing dodgy things like giving a months notice and then taking the last 2 weeks of it as holiday!). If they haven't (lied about the role, rate cuts etc) then all bets are off...

[despot]

i usually say that I've been approached for a role that is paying better and would happily stay if they matched that rate, otherwise, I will sadly have to give notice as I run a business and have bills to pay.

[northernladuk]

i usually say that I've been approached for a role that is paying better and would happily stay if they matched that rate, otherwise, I will sadly have to give notice as I run a business and have bills to pay.

That's gonna be a problem when you end up losing a gig because your mercenary attitude catches you up or karma strikes and the roles are reversed.

Not all business's drop their customers for another that pays a little more... Doesn't tend to work very well in the long run.

[despot]

True ... but the OP said he was being disrespected. I did this at one client as it was very bad. They actually increased my day rate significantly and their behaviour towards me was a lot more respectful. the whole point of being self employed is to do a good job and avoid being mistreated. If they are crap to work for then why would you care about going back there?

[northernladuk]

True ... but the OP said he was being disrespected. I did this at one client as it was very bad. They actually increased my day rate significantly and their behaviour towards me was a lot more respectful. the whole point of being self employed is to do a good job and avoid being mistreated. If they are crap to work for then why would you care about going back there?

Quite but your opening line of 'I usually' didn't indicate you were putting your comment in the context of the OP's situation.

[LondonManc]

Quite but your opening line of 'I usually' didn't indicate you were putting your comment in the context of the OP's situation.

Companies don't hesitate to offshore for much cheapness though.