Want to break current contract to work elsewhere

[shedges76]

Hi All.

First time posting here and a (probably) really elementary question...

I've been on my first ever contract for the last 4+ years (permanent employment whole career up to then) and I may now be looking to leave.

If I get the gig I went for, I'll be wanting to terminate my current contract with 2 months to go on it. Could that cause problems? And is my current client likely to make me work my 1 month notice period? Everything I've read on here suggests notice periods are meaningless in the case of a Ltd company, providing services, contract... at least it is when the shoe is on the other foot. Just trying to work out what to expect.

If you've been in this situation before what did you do and how did it go?

Also, who do I officially terminate with?... my agency, or the company I'm providing services to?

Any experience / help / stories much appreciated

[TheFaQQer]

If I get the gig I went for, I'll be wanting to terminate my current contract with 2 months to go on it. Could that cause problems?

Maybe - the agent will get annoyed. The client may be annoyed. And if they have the chance in the future where they can work with someone else instead of you, there's always the risk that they will remember the past and decide to work with someone else instead of you. Alternatively, the client or agency may not care and will work with you again in a heartbeat for whatever reason.

And is my current client likely to make me work my 1 month notice period?

You know your client better than anyone on here - how well do they need you? If they need you and there's no-one else that can step in to do your work quickly then I would expect the client to try to hold you to the contract that you signed and complete your notice period. If they don't want you around then I would expect you to be told to leave immediately (as long as you don't then complain that they didn't keep you around for your notice period if it suits you).

Everything I've read on here suggests notice periods are meaningless in the case of a Ltd company, providing services, contract... at least it is when the shoe is on the other foot. Just trying to work out what to expect.

I'm not sure that's entirely accurate. In some situations, you will find that the contract will say that you only get paid for the days / hours that you work - so if the client terminates the contract then you may not get paid for time that you didn't work. That's not the same as saying that all notice periods are meaningless - particularly in the case of the client holding the contractor to the agreement they made.

If you've been in this situation before what did you do and how did it go?

I gave notice once - client asked me to stay but they were in BAU on a short-term contract by that stage and I wanted to be doing another project instead of watching the support situation. I worked my week's notice and went to the next client with everyone happy.

Also, who do I officially terminate with?... my agency, or the company I'm providing services to?

You can only terminate the contract that you have. It is considered polite and good manners to inform the client as well, but you don't have a contract with them so there is nothing that you can terminate with them.

[MrMarkyMark]

If I get the gig I went for, I'll be wanting to terminate my current contract with 2 months to go on it. Could that cause problems? And is my current client likely to make me work my 1 month notice period? Everything I've read on here suggests notice periods are meaningless in the case of a Ltd company, providing services, contract... at least it is when the shoe is on the other foot. Just trying to work out what to expect.

If you've been in this situation before what did you do and how did it go?

Also, who do I officially terminate with?... my agency, or the company I'm providing services to?

Any experience / help / stories much appreciated

Have you read your contract?
Who is it with?
What does it say with regards to you terminating early, re. the notice?

If you want stories, I suggest you post in General, its the "Readers Wives" of CUK.
General

Plenty of good story tellers on there.

HTH.

[BrilloPad]

You have not got the gig yet! Wait until you get the gig. Once client has made their mind up they tend to want to wait for the person they want.

Give 1 month on your current contract to your agent. Inform the client out of politeness.

How busy are you? Do you mind burning bridges? Can you invoke your right of substitution?

Generally its best to work out your notice. If not throw a sickie.

[northernladuk]

Hi All.
Also, who do I officially terminate with?... my agency, or the company I'm providing services to?

You need to understand this better. It's what you do.. Hint.. CONTRACTor. This is your livelihood and your business. Need to get a grasp of the basics.

[kaiser78]

You have not got the gig yet! Wait until you get the gig. Once client has made their mind up they tend to want to wait for the person they want.

Give 1 month on your current contract to your agent. Inform the client out of politeness.

How busy are you? Do you mind burning bridges? Can you invoke your right of substitution?

Generally its best to work out your notice. If not throw a sickie.

Realistically this rarely happens, does it.

OP - you should check you contract to see what the notice period is, secure the new role, serve notice to current client, leave on happy terms with current client. Don't worry about repeat work if your skills are transferable. If they are niche then tread a little more carefully.

[shedges76]

Thanks for the replies.

I am on good terms with current client, hence 4+ years and counting. If I do get offered the other role I'll obviously offer to work my notice here. Was just interested to hear if others had done this and what their experience was.

The project I'm on (which is the only IT project client is currently running, due to its size) has quietened down recently, with 30th June being a big deadline. Also, senior IT leadership keeps stating how they want to alter the % split of contractors vs perm staff... of course, the wrong way for me.

So I think I'm justified in looking elsewhere... it's just difficult to get one contract to start exactly as the other ends. That's life I guess.

Fingers crossed I get to use the benefit of your wisdom all

[gables]

Thanks for the replies.

I am on good terms with current client, hence 4+ years and counting. If I do get offered the other role I'll obviously offer to work my notice here. Was just interested to hear if others had done this and what their experience was.

The project I'm on (which is the only IT project client is currently running, due to its size) has quietened down recently, with 30th June being a big deadline. Also, senior IT leadership keeps stating how they want to alter the % split of contractors vs perm staff... of course, the wrong way for me.

So I think I'm justified in looking elsewhere... it's just difficult to get one contract to start exactly as the other ends. That's life I guess.

Fingers crossed I get to use the benefit of your wisdom all

Why not take a week or two off? You've been there 4 years I'd want a break.

[shedges76]

Why not take a week or two off? You've been there 4 years I'd want a break.

Believe it or not... I have actually taken breaks during that time. I know the stereotype is of a contractor works every day possible, but that's not me. I have to have a holiday now and again. Keeps me sane. And while the business bank account as a few £100s less in it, it's worth it imo.

[billybiro]

Realistically this rarely happens, does it.

You're right. In the real-world, 99% of contractor's RoS clauses are a sham as the client would never entertain the idea of another person coming in under the same contract (that's why, at the beginning, the client interviews YOU and asks about YOUR personal skills and ability to do the job, not whether your "Limited" can do the job).

However, if the OP's contract does have a RoS clause, then having the OP attempt to strictly enforce the right to substitute could force the client's hand and have them terminate OP's contract with probably zero notice at all!