Guidance for new contractor please / How soon can I give notice?

[spoovy]

Hello all. I'm new to this game so a bit of sanity checking/ advice would be greatly appreciated.

I've been looking for my first contract since leaving my perm role in mid-Feb and have just been offered one verbally, followed by an emailed contract example (my ltd company name is not mentioned or anything; it's like a template document). The role requires SC just to get on site, which I don't have, so they're offering me 50% pay for the ~6weeks they estimate it will take to get SC, during which time I'll stay home, doing whatever bits and pieces they can find for me (this is not clearly defined at the moment).

I've got a fair bit of interest going on elsewhere though; a couple of final/f2f interviews which look pretty promising, so I could potentially have a better offer in a week or so from elsewhere.

So my current thinking is to get back to the agent requesting a couple of small changes in the contract (I would like weekly rather than monthly invoicing/payment, for a couple of months at least, and some definition of my duties while awaiting SC clearance) and then to accept the contract "subject to a written signed contract arriving at my door". That should take a few days I would think, during which time I will keep looking elsewhere.

But, once the written contract has arrived, and in the absence of a better firm offer from elsewhere, I'd sign it, as I don't want to string anyone along, and a bird in the hand..

So my main question is, what if I signed the contract, then had a better offer shortly afterwards? Could I give notice (4 weeks) on the contract that I had just signed straight away? In which case -- it seems to me -- that as I couldn't get on site for at least a month anyway I'd be free to start somewhere else straight away.

This would feel a bit underhanded, but I have to think of my own finances here and ~6weeks at 50% would be a significant loss of income. The agent isn't a big one; not one I'd imagine using again so I'm not too worried about annoying them.

Decent plan? Horrible plan? Thanks.

[malvolio]

I'm not going to answer your question, but a couple of points to consider:

1. A written contract is a binding agreement. Don't sign it if you don't intend honouring it. A verbal agreement isn't worth the paper it's written on.

2, SC can drag on for a long time. You can work on an SC-required role provided your access to sensitive data is supervised and there is a good chance that clearance will be granted. Clearly your putative client either doesn't know the rules, or CBA to spend the resources that supervision would need.

3. Earning money for staying home and doing nothing (or very little) does sound quite attractive.

4. Perhaps a contract for the interim - not a verbal agreement - would provide a degree of certainty,

5. If grabbing opportunities is the aim, which is fair enough, why entertain putting obstacles in the way? It's a risk assessment on your behalf.

HTH. And, as an aside, contracting is not a game, it's a serious and career-ending choice. Make sure you have really thought through the difference between the two ways of working.

[northernladuk]

1. A written contract is a binding agreement. Don't sign it if you don't intend honouring it. [B]A verbal agreement isn't worth the paper it's written on..

This ^ but the OP must realise that they do cause no end of heartache when it all goes wrong. It might not be worth the paper it's written on but it can set the perceptions of the parties involved which could be different and confused so stay away from them all together. Get it in writing/mail, don't rely on gentlemen's agreements or anything like that.

And FWIW this sounds like a right crock that is more likely to go south at any point before the SC clearance arriving.
Remember they can give just stop giving you work to do so effective instant termination when it goes south. Notice periods are worthless to them and your stuck having to give them notice. Don't assume they'll let you off the hook because you aren't on site. They've spent time and effort on you going through the process and they'll have to start again so no one will be pleased if you bail.
Being given any old task to do while on half pay means that you'll only be doing half a days work I assume?
It's also an IR35 nightmare being given any work off schedule. If you do this for the retention period then fair enough but don't let it carry on in to the contract.

As I said, sounds like a nightmare this one but good luck.

[spoovy]

I'm not going to answer your question, but a couple of points to consider:

1. A written contract is a binding agreement. Don't sign it if you don't intend honouring it. A verbal agreement isn't worth the paper it's written on.

2, SC can drag on for a long time. You can work on an SC-required role provided your access to sensitive data is supervised and there is a good chance that clearance will be granted. Clearly your putative client either doesn't know the rules, or CBA to spend the resources that supervision would need.

3. Earning money for staying home and doing nothing (or very little) does sound quite attractive.

4. Perhaps a contract for the interim - not a verbal agreement - would provide a degree of certainty,

5. If grabbing opportunities is the aim, which is fair enough, why entertain putting obstacles in the way? It's a risk assessment on your behalf.

HTH. And, as an aside, contracting is not a game, it's a serious and career-ending choice. Make sure you have really thought through the difference between the two ways of working.

Thanks for the reply.
1, I would intend to honour the contact at the point I signed it. But things change, and if the contract includes a 4-week notice period then why not make use of it?
2.
3.
4. I would definitely get a written contract for the interim period -- defining weekly payments and what exactly I would be expected to do.
5. Not sure what you mean sorry, could you elaborate pls?

[WordIsBond]

A verbal agreement isn't worth the paper it's written on.

It actually is exactly worth that, if one were to stop and think about it....

[malvolio]

Thanks for the reply.
1, I would intend to honour the contact at the point I signed it. But things change, and if the contract includes a 4-week notice period then why not make use of it?
2.
3.
4. I would definitely get a written contract for the interim period -- defining weekly payments and what exactly I would be expected to do.
5. Not sure what you mean sorry, could you elaborate pls?

Notice periods don't work for contractors. If the client decides they've no work for you to do that's it. They may give you some notice, but you won't get paid anyway so what's the point of having a notice period. That works the other way of course, except ignoring a contracted notice period on your side tends to have consequences and is also highly unprofessional. Plus it's quite likely you'll be out of the door as soon as you hand in your "notice" anyway: why would a client keep a temporary resource that's going to stop working for them? Someone did that to me once, over a lunchtime in the pub: I didn't let him back to the office.

As for 5, you want to get good gigs, that's obvious. But don't take on a commitment you may break
when something better comes along. That does nobody any favours, least of all you. As I said initially, contracts have to be seen as binding agreements

And you haven't answered the main point: have you properly understood the different world you are moving into and all its changes from permiedom because I'm not convinced you have. Your new job is being a contractor; what skills you sell are incidental to that.

[northernladuk]

Thanks for the reply.
1, I would intend to honour the contact at the point I signed it. But things change, and if the contract includes a 4-week notice period then why not make use of it?

You are entering sensitive territory here and we've hotly debated this time and time again with the only answer really being do what you want. IMO you've got to act like a business now and that comes with a level of professionalism. Yes look after yourself to a certain extent but going full on mercenary and seeing the notice period as your easy out to dump clients chasing a couple of extra quid more is poor approach to business.
Every time you change you open yourself up to risk which can come back and bite you. Also if everyone had the same mercenary attitude the contracting landscape would be a nightmare with no notice period contracts, mistrust, mercenary attitudes on both sides etc. We've had people on here with the mercenary attitude and then come crying when the client dumped them for no reason. Can't have it both ways.

It's possible the next gig you dump your client for can evaporate leaving you heavily out of pocket in the long run. A few quid at the next gig doesn't cover many weeks on the bench when it goes wrong.

I'll try find the most recent thread where it backfired.

EDIT : Here it is

https://forums.contractoruk.com/busi...lp-needed.html

[spoovy]

... you haven't answered the main point: have you properly understood the different world you are moving into and all its changes from permiedom

Definitely not. I'm doing the best I can, trying to read and understand as much as I can and asking questions along the way. That's why I'm asking here.

ignoring a contracted notice period on your side tends to have consequences

If all I'm doing at the point I hand my notice in is sitting at home twiddling my thumbs waiting for SC to come through, then why not go work somewhere else during this period? As you said, they would certainly not be paying me for that 4-week period anyway, so would I really be expected to sit at home not doing any work or being paid by anyone just because it's technically within a notice period?

don't take on a commitment you may break when something better comes along. That does nobody any favours, least of all you

OK, but why? If I end up on this retainer deal for months only picking up 50% of my rate, and I jump to another contract, I would certainly be financially better off. The client wouldn't be happy, but what exactly is the consequence of that? I mean I don't *want* to p!ss clients off, but I have to put my family finances first, no?

Thanks again for the advice I really appreciate it.

[northernladuk]

If all I'm doing at the point I hand my notice in is sitting at home twiddling my thumbs waiting for SC to come through, then why not go work somewhere else during this period? As you said, they would certainly not be paying me for that 4-week period anyway, so would I really be expected to sit at home not doing any work or being paid by anyone just because it's technically within a notice period?



OK, but why? If I end up on this retainer deal for months only picking up 50% of my rate, and I jump to another contract, I would certainly be financially better off. The client wouldn't be happy, but what exactly is the consequence of that? I mean I don't *want* to p!ss clients off, but I have to put my family finances first, no?

Thanks again for the advice I really appreciate it.

Thing is, this is a difficult situation to help you with. I doubt many posters would entertain a gig like this. It just sounds all wrong. The experienced guys know the likelihood of gigs like this evaporating, the fact that we have no faith in the SC process only taking 4 weeks (which means even more likely hood it evaporates) and so on. You are asking a question about morals in a situation many of us wouldn't entertain.

If you have agreed the terms with the agent and signed then you shouldn't be moaning or being mercenary. You were happy to sign so see it through. Don't sign and use it as a stop gap. What you really should do in such a crappy agreement then who knows. I'd say you are best doing what you want but don't expect everyone to agree with it.

[spoovy]

You are entering sensitive territory here and we've hotly debated this time and time again with the only answer really being do what you want. IMO you've got to act like a business now and that comes with a level of professionalism. Yes look after yourself to a certain extent but going full on mercenary and seeing the notice period as your easy out to dump clients chasing a couple of extra quid more is poor approach to business.
Every time you change you open yourself up to risk which can come back and bite you. Also if everyone had the same mercenary attitude the contracting landscape would be a nightmare with no notice period contracts, mistrust, mercenary attitudes on both sides etc. We've had people on here with the mercenary attitude and then come crying when the client dumped them for no reason. Can't have it both ways.

It's possible the next gig you dump your client for can evaporate leaving you heavily out of pocket in the long run. A few quid at the next gig doesn't cover many weeks on the bench when it goes wrong.

I'll try find the most recent thread where it backfired.

EDIT : Here it is

https://forums.contractoruk.com/busi...lp-needed.html

Thanks I'll have a good read of that. I appreciate your point, it's probably just a personal thing, down to me and how I want to run my business relationships.

If I seem mercenary it's probably because that's how the whole game seems to me so far. I've been messed around already by one client, telling me they wanted me for the role, then stringing me along for nearly two weeks then admitting they didn't have the money. Then there's this odd retainer deal that I'm currently asking about, which is messing me about again. And as you and others have said, clients effectively don't have to give notice anyway, they just stop giving you work and/or stop paying you. So it seems like the client side is pretty damn mercenary already.