Not allowed to give notice?

[atlas55]

Hi, long story short i'm doing a really crap 3 month contract doing not what the job description implies but i'm getting on with it while still looking for contract or permanent roles, i'm 2 months into the contract and I've been offered a very very good permanent role which i didn't expect to get just because of the competition for the role and i'm not willing to sacrifice or turn down an opportunity like this for the sake of having one month left on this rubbish contract.
The contract however says that i'm not allowed to give any notice, this was after i told the boss that i'm serving my one week notice this week and that I've taken a very good permanent job.
The new position have asked me to start on the 24th Sept which I said was fine.

I'm wondering what everyone would do in my situation at the moment?

Thanks

[zonkkk]

Hi, long story short i'm doing a really crap 3 month contract doing not what the job description implies but i'm getting on with it while still looking for contract or permanent roles, i'm 2 months into the contract and I've been offered a very very good permanent role which i didn't expect to get just because of the competition for the role and i'm not willing to sacrifice or turn down an opportunity like this for the sake of having one month left on this rubbish contract.
The contract however says that i'm not allowed to give any notice, this was after i told the boss that i'm serving my one week notice this week and that I've taken a very good permanent job.
The new position have asked me to start on the 24th Sept which I said was fine.

I'm wondering what everyone would do in my situation at the moment?

Thanks

Try to delay start for your permanent role until your contract finishes if you want no problems, or as much as possible. Then inform your client you won't be available to do any work after the new start date for your permanent position.

It is not unusual for start dates for permanent positions to be 1-3 months after signing the contract.

[northernladuk]

I'd sit there starting out the window rueing the loss of a great opportunity and wonder why I didn't read and understand the contract I was signing from the beginning

You've got another issue to now consider as well unfortunately. Doing what you are told that is not part of the contract agreement is a real IR35 issue. D&C and part and parcel come in to play.

HTH

[atlas55]

I've just managed to delay my start date with my permanent employer and agreed with the contract to do another week so i could handover whatever needs handing over. So it all worked itself out thankfully.

[psychocandy]

So how comes a perm job won't wait a month then?
Or did you promise them it'd be a weeks notice when you hadn't checked?

Things like this its always best to say, I find, to tell them you've got a month left but you MAY be able to get out shorter than that. Then speak to contract client.

In this situation, if you have got yourself in the mess and perm want you and won't wait then you may just have to suck it up and leave. Expect grief though.

[Hobosapien]

If there really is a clause saying you can't give notice (lack of any mention of notice means none applies so double check the actual wording if any present) then it's up to you whether you walk and tell the client to 'stick it'.

The risk to the client in terms of what you are doing for them and how damaging it will be to them for walking will determine how likely they are to take legal action. There's also the agent (if applicable) to consider, who may talk a scary game but in reality do nothing unless they are set to lose out big time.

Remember to get final timesheet signed before not turning up on the monday and if agency pays weekly consider taking that week off 'ill' so they pay before realising what is going on.

Alternatively, see if contract has substitution clause and try to use that to get out of your commitment.

The other option is to make your position untenable so client gets shut of you. How you escalate that is a question for 'general' where I'm sure others will be able to give some inventive 'advice'.

Whatever you do you need to be sure this permie offer is solid and you will not have second thoughts as you will likely burn at least a couple of bridges (client and agency) so returning to contracting later if need references from either of them may be tricky.

[Lance]

So how comes a perm job won't wait a month then?
Or did you promise them it'd be a weeks notice when you hadn't checked?

Things like this its always best to say, I find, to tell them you've got a month left but you MAY be able to get out shorter than that. Then speak to contract client.

In this situation, if you have got yourself in the mess and perm want you and won't wait then you may just have to suck it up and leave. Expect grief though.

For once I agree with PC (the first point anyway). Companies will wait for a permie. They're looking for someone for at least several years so will wait for the right person as it's enormously costly to get it wrong.

As for the contract..... It isn't good practise to just walk and reflects badly on you as a contractor. However, if moving from a tulip role to a perm 'dream' job then just walk. Don't expect to get paid, but you're not going to get sued for breach either. You simply write to the agency, as a company official, telling them that "the individual person is no longer available to fill that role. A replacement can be found but may take a week or so, if they wish to pursue that to complete the contract?".
At the end of the day the OP is not a slave and cannot be forced to turn up. The companies problem is a different one, but if dealt with professionally, in line with the contract, then all should work out fine (except the last payment are unlikely to turn up without a fight).

[billybiro]

Whatever you do you need to be sure this permie offer is solid and you will not have second thoughts as you will likely burn at least a couple of bridges (client and agency) so returning to contracting later if need references from either of them may be tricky.

But do not worry about a potential burnt bridge with the agency since if they think they can make money from you in the future, the fact that you've shat on them today will be very quickly forgiven and forgotten.

[billybiro]

It isn't good practise to just walk and reflects badly on you as a contractor.

You seem to think that this is somehow a reputation based business. It isn't. If it were, we wouldn't have to "interview" with the clients for every contract.

To the OP. The one thing that you can safely give the least consideration to when walking from a gig is the perceived impact on your "reputation". Sure, you may burn a bridge with that particular client, however, in terms of overall career impact, there'll be very little.

[Lance]

You seem to think that this is somehow a reputation based business. It isn't. If it were, we wouldn't have to "interview" with the clients for every contract.

It is.

And I don't always interview.