Termination of contract

[Lance]

I'm potentially going to be offered a more interesting role. I am in contract for another 5 months. The notice period is 4 weeks
The current project is coming to an end, and I'm not even sure if there'll be more work.

So my intention is to provide the 4 weeks notice as soon as the ink has dried on a new contract.
That is quite likely to have an overlap so I would be simply not working, and not billing for that overlap as per the clause that provides no mutuality of obligation.
I think the client will be fine with this as they normally get fleeced by their contractors insisting on taking the full 4 weeks despite not doing any work (the client doesn't understand contracting).

Has anyone done similar and what reaction did they get from the agency?

[northernladuk]

MoO is about them offering more work after the current agreed contract has ended. We have a unilateral contract for the current piece of work.

http://www.contractoruk.com/news/00i...at_it_not.html

Am not quite understanding what you are saying, you want to give 4 weeks but intend to start at the new client earlier so hope you aren't held to 4 weeks?

Be a shame if the new one fell through.

[Lance]

MoO is about them offering more work after the current agreed contract has ended. We have a unilateral contract for the current piece of work.

The clause is "neither is the Company obliged to accept any work or services that may be offered as provided for under this Agreement"
As the project I'll finish is the only work accepted I reckon this is fine as I'll not accept any more.

Am not quite understanding what you are saying, you want to give 4 weeks but intend to start at the new client earlier so hope you aren't held to 4 weeks?

Precisely. If they do try and hold me to 4 weeks I'll stay 'in contract' but not provide any services or fill in any timesheets.

Be a shame if the new one fell through.

Indeed.

[LondonManc]

It's good for IR35 - make sure you put in writing that you have delivered what was stipulated in the statement of work within your contract, advising that once the project has been finished tidily you intend to go offsite so that they don't waste money and to emphasise that you know that they aren't obliged to give you work.

As NLUK says, a bit risky to jump ship with notice periods so long in the current market but if the project is delivered then it's better than lingering.

[Lance]

As NLUK says, a bit risky to jump ship with notice periods so long in the current market but if the project is delivered then it's better than lingering.

Less risky than coming to an end at 2 years (they don't keep anyone longer than that) in December and trying to find a new role