Notice Period

[SlipTheJab]

Any chance you can arrange for a few weeks off mid contract and then come back? WFH for a bit maybe?

[perplexed]

Any chance you can arrange for a few weeks off mid contract and then come back? WFH for a bit maybe?

Or supply a substitute?

[LondonManc]

Riiiiight. Agent being happy to lose 4 weeks commission and to be on a contractors side when their client is going off on one. Pull the other one.

Just sticks his notice in and forget whatever.

We can only go off what the OP has said. If I've got the agent on side, I'd let them negotiate with the client.

That said, OP, have you told the client you want to leave or has your agent?

[ContractorScum]

Or supply a substitute?

This! Offer a substitute for the remainder of the contract. If the client refuses then they are in breach of contract and you can walk

*Assuming the substitution clause is in your contract

[northernladyuk]

Could someone please offer advice. A couple of weeks ago following very bad family news I decided I needed to stop my two hour commute (each way). So I handed in my notice. My neice is terminally ill and likely to die in the next couple of weeks. I told my boss i wanted to do a proper handover but that given circumstances I would appreciate it if I could finish my contract before the contractual 4 weeks. He has said no basically. Any advice? This is my first contract and I'm not sure where I stand. Thank you.

Sorry to hear your news.

Tell the client that you are taking four weeks' leave. Then give four weeks' notice.

[northernladuk]

We can only go off what the OP has said. If I've got the agent on side, I'd let them negotiate with the client.

That said, OP, have you told the client you want to leave or has your agent?

Well he put

I told my boss i wanted to do a proper handover but that given circumstances I would appreciate it if I could finish my contract before the contractual 4 weeks

so do you mean did his agent make the first contact or did the OP hand his notice in to the client.

If the agent was on board he would have taken what the OP wants and dealt with it as that's who the contract is with. Doesn't matter if the client wants his pound of flesh. That's between the client and agent. If it's a problem I'd say the agent isn't being as supportive as they could be.

[perplexed]

Go down the routes people have suggested - ie break, substitution where appropriate. That way you can show you've made every attempt at being reasonable.

Has the client directly told you "no" or has the agent *told* you the client has said "no". There's generally a difference. A big difference.

After it all, name and shame the manager and client. I do like having names to pass on when agencies want "two references up front"...

[northernladuk]

This! Offer a substitute for the remainder of the contract. If the client refuses then they are in breach of contract and you can walk

*Assuming the substitution clause is in your contract

And it's unfettered. Being his first contract it could be a safe bet he hasn't had the contract checked so we don't know.

I don't think this would consitute a breach where he could walk as I don't think it's a material breach.

What it would do however is prove his RoS is a sham which could cause trouble further down the line.

Look at the HMRC position in this article.

1st Advice – Substitution

Remember the substitute must be provided at the cost of the contractor including searching for the candidate, getting them on site and training them up for the handover. It's just not worth it.

Normally I'd agree about going through the different processes to do it properly but in the OP's case? F that. If I had a terminally ill family member you wouldn't see me for dust. I think this most definitely falls under PC's 'Look after yourself' line.

[SussexSeagull]

Firstly, sorry to hear about your niece.

If this isn't exceptional circumstances I don't know what is. Do what you can to work with the client and agent and perform a handover but ultimately family comes first.

[iank]

Firstly, sorry to hear about your niece.

If this isn't exceptional circumstances I don't know what is. Do what you can to work with the client and agent and perform a handover but ultimately family comes first.

Thanks to everyone who has responded with suggestions.
I have already handed in my notice. When I did that, I asked for flexibility and have been told the client will not be flexible. I've spent this week handing over my work to a couple of colleagues. I've got until the 6th January according to my contractual notice. I'm keeping my head down trying to get on with things. The agency is telling me that they are looking into the legal aspect of my being 'off sick' whilst on my notice period so that if I tell them I am unfit to work due to my family circumstances, there are no legal consequences. Ideally I would like to end the contract next Friday. The client has already imposed a week's leave after that.