Bailing on notice periods

**kaiser78** · 6 July 2016, 16:18

If the work is done and client is on board with you finishing earlier, then invoke your 2 weeks notice, and if you get out sooner i) you can take your new role happily and ii) client saves some money.

**northernladuk** · 6 July 2016, 16:22

Originally posted by SimonMac View Post

OK, I will open myself up to abuse but I am planning on ditching a contract!

Original contract was until 14/06, programme of work was due to end on 28th May this slipped a few times and I was offered an extension until 31/08, service went live last weekend so I am now sat twiddling my thumbs, client knows I am looking to move on and thanking me for the work I have done and looking to save some cash by me finishing earlier.

To be fair I don't call this bailing on a client. The work is done, a natural end has come but the client either doesn't have the balls or cares enough to serve you notice so you are having to do it. Both agreeing the work has done and ending the contract should be the way most contracts finish but oddly enough it isn't. Bailing is leaving them in the lurch and having to look for a new resource they didn't expect to have to do in my book.

I have a two week notice period both sides in my contract, but telling new prospects that I am available immediately, should I really care about the agent in this scenario given that the client is on board with me not giving full notice (agent knows I am looking for another gig as they have put me forward for a few already).

Best way to handle the situation, short of going sick for two weeks minus what ever I need to do a handover

Care about the agent? Not really but you do need to make sure you get paid. Personally I'd make the agent aware of exactly what the situation is so he isn't surprised by you suddenly disappearing and the money he was about to earn evaporating. If he's on board with the mutual end of the contract it should be painless. It's doing good business. Him handling this properly will look good to the client. Him kicking off won't help his cause so there is reputational impact in it for him.

Get yourself a nice 'You've been terminated with immediate effect' letter from the client/agent and stick it in the IR35 defence folder.

**Bluenose** · 6 July 2016, 16:57

if work is done and go live is stable they probably being polite to you as you did a good job. would not worry at all. if you are a worrier only worry when you have a signed contract offer to complete somewhere else.

you will get the odd agent from time to time who will hit you with the old 'I like my contractors to finish their contracts' bs but just ignore.

**malvolio** · 6 July 2016, 17:30

This comes back to the point I have made many times about contractors and notice periods. If the work you were hired to do is complete, why the hell are you still there*. If your contract had zero notice on either side, or the client's at a minimum, and the deliverable is properly described in the schedule of work then you wouldn't be in this position. Notice is for permies, not contractors; apart from knocking lumps out of your IR£5 defence, it damages your ability to find new work.

*Actually I know the answer: the idiot agency can only think in terms of three month chunks and has no concept of delivery. They have sold the client something managed in duration rather than delivery, and will insist on being paid for it regardless of the commercial nonsense it actually represents.

**northernladuk** · 6 July 2016, 17:37

Originally posted by malvolio View Post

This comes back to the point I have made many times about contractors and notice periods. If the work you were hired to do is complete, why the hell are you still there*. If your contract had zero notice on either side, or the client's at a minimum, and the deliverable is properly described in the schedule of work then you wouldn't be in this position. Notice is for permies, not contractors; apart from knocking lumps out of your IR£5 defence, it damages your ability to find new work.

*Actually I know the answer: the idiot agency can only think in terms of three month chunks and has no concept of delivery. They have sold the client something managed in duration rather than delivery, and will insist on being paid for it regardless of the commercial nonsense it actually represents.

And if the work you are doing has no end date or identifiable point that it's complete you need to double check your working practices, contract and IR35 insurance. On the face of that it would indicate you are in an enduring role and potentially in a bit of trouble.

**GB9** · 7 July 2016, 08:45

I've done this before.

I had an honest discussion with the client, noted the work was complete and suggested I take the last 2 weeks of my contract off. The client was pleased as it saved them 2 weeks cash and it let me take another role immediately. Client took me back for more work 18 mths later. Mentioned at the time they were pleased because I had been honest at the end of the previous gig.

**Qdos Contractor** · 7 July 2016, 08:55

If the services you have been engaged to provide are now complete, ending the engagement early is more in line with genuine self-employment and would help demonstrate a lack of Mutuality of Obligation. That being said, make sure you have read the contract or spoken with your agency as ending the agreement without honouring your notice period could breach the contract.

**psychocandy** · 7 July 2016, 09:34

If client is happy then stuff the agent. Client will win that argument hands down.

I've had this - wanted to leave a gig a week early. It was ending anyway so client was completely fine about it. Agency moaned like hell.

Client phoned agent and told him to do one. Minutes later agency had "agreed" to terminate early.

**missinggreenfields** · 7 July 2016, 09:41

Originally posted by SimonMac View Post

OK, I will open myself up to abuse but I am planning on ditching a contract!

Original contract was until 14/06, programme of work was due to end on 28th May this slipped a few times and I was offered an extension until 31/08, service went live last weekend so I am now sat twiddling my thumbs, client knows I am looking to move on and thanking me for the work I have done and looking to save some cash by me finishing earlier.

I have a two week notice period both sides in my contract, but telling new prospects that I am available immediately, should I really care about the agent in this scenario given that the client is on board with me not giving full notice (agent knows I am looking for another gig as they have put me forward for a few already).

Best way to handle the situation, short of going sick for two weeks minus what ever I need to do a handover

Even with an immediate start, you can drag that out for a week or so while you handle the existing client - contract review etc take time to do, so that gives a bit of flexibility.

Once you have something to go to and you know roughly how long you can delay that start, agree that with the current client, giving them the handover that they need (or as much as you can do) - they know the situation, and seem happy, so that's the important thing.

If you have to leave early, get the client to terminate the contract with you - the agent can't argue with the client saying "we're done here".

Alternatively, give your notice now and have a bit of a break until something else comes up (assuming you can afford to do that).

Bailing on notice periods