Leaving contract big problem

**fatJock** · 13 July 2018, 20:27

They won’t sue you. Take the one that has responded without all of the drama and chalk it up to experience i.e. don’t stop looking until your bum is in the seat!

**MJR7987** · 14 July 2018, 00:01

Originally posted by fatJock View Post

They won’t sue you. Take the one that has responded without all of the drama and chalk it up to experience i.e. don’t stop looking until your bum is in the seat!

They way they where wording the emails and mentioning "legal issues" in the emails made me panic a bit to be fair, i was 50% sure that it was a bluff at the time but i didn't want to bring any possible legal and money issues on my family. If it was me by myself i'd have more than likely said "ok" and gone and went for the other interview/job.

What would make you absolutely certain that they wouldn't sue me though?

**mudskipper** · 14 July 2018, 05:55

Agree that they are bluffing - but

There are almost certainly get outs in your contract -

If the contract you signed does not have a start date, then you have not committed to a start date. Say that if they wish to proceed you accept the contract but will not be able to start until February / month of your choice.

What does your contract say about notice periods? Quite often there is one day's notice in the first week. If so, give it.
If there is a longer period (or no notice), but no obligation for you to accept work, again give the notice and tell them you will not be available for however long the notice period is.

And don't worry - they are bluffing!

**northernladuk** · 14 July 2018, 12:22

Originally posted by MJR7987 View Post

Taking all that into account and with me not realising this next point because I've only ever really done permanent roles where if you don't like a position you have people leaving on the same day or week with nothing said about it, the contract is just terminated and that's that!

I'm not so sure that's true is it? Permie roles may have cool down or shorter periods initially but I don't think people leave on the day and nothing is said, not for highly skilled roles I would have thought.

So with them messing me about for the 2 weeks i then started applying for other contracts and i have a final stage interview next week for one for more money and and less hours that i emailed the agency about today after they FINALLY got back to me and told me a start date (i was actually meant to start 2 weeks ago but they didn't confirm anything and then told the agent they where pushing it back) and said i would not want to take up the contract now on the start date they mentioned and that i wanted to pursue the other role.

Delays are not uncommon in contracting. You are needed to do a specific task and that can be delayed for a number of reasons including, onboarding process is lengthy, budget delays, project delays, reference checking etc. Don't stop hunting for roles until you are sitting at the clients desk is the best advice. Many of these roles can evaporate completely after a delay so you'll be left in the lurch. They won't think twice about just cancelling the contract if does evaporate and you can't sue them for breach so them trying to sue you in this case just won't work.

They have since got back to me and said that i would be breaching the contract and be faced with possible legal issues, I've since said i would just do the contract then and leave the other one but the agent has come back and said they're sure they want me to start now anyway because they think i'll leave anyway, so i'm faced with the nightmarish thought that they'll sue me for some sort of breach of contract. It did creep into my mind if they where bluffing or not but I don't think i want to call their bluff to be honest and bring debt on people in my house.

I don't understand what you are saying about 'do the contract and leave the other one'?

Has anyone ever experience anything similar to this in the past? And if so what happened and do i have any advice, i need it at the moment. The only thing i have on my side i think is that I've not actually "signed" the umbrella company agreement they wanted me to but i have singed the agencies which is why they're threatening me with all this.

Cheers

As I say its common and the agents will get upset as they have to put some work in to find a replacement but that's the way of contracting. They wouldn't bat an eye lid if they wanted to cancel on you. Advise them you will not be carrying out the contract as soon as possible and then just ignore them. They'll leave you alone once they realise you won't be bullied.

but i have singed the agencies

I am sure we could all name a few agents we'd like to set light to as well but way to go you for doing it.

**fatJock** · 14 July 2018, 14:59

Originally posted by MJR7987 View Post

What would make you absolutely certain that they wouldn't sue me though?

More trouble than it’s worth and they gain nothing. They’ve messed you around and are now trying to bully you in order to keep their commission and/or customer sweet.

Brush yourself off and move on.

**MJR7987** · 14 July 2018, 18:43

Thanks everyone for your advice so far, i'll go in on Monday and hand in my notice, it's 20 business days apparently but hopefully they'll let me off on the day since there's not much point in keeping me around. That'll give me the chance then to get ready for my other interview the next day if i'm lucky.

**GhostofTarbera** · 14 July 2018, 22:17

Hand notice to who exactly ?

**MJR7987** · 15 July 2018, 12:22

Originally posted by GhostofTarbera View Post

Hand notice to who exactly ?

The guy who interviewed me (the boss)

**northernladuk** · 15 July 2018, 12:38

Originally posted by MJR7987 View Post

The guy who interviewed me (the boss)

You mean your client? You have no contractual relationship with your client. Your contract, ergo your notice, is between you and the agency.

I'd say you owe GhostOfTarbera a beer there. He's saved you a huge amount of embarrassment, well some anyway...

Leaving contract big problem