Consequences of not seeing out notice

[skedaddle]

Hi, I wonder if you have any advice for a newbie to this forum, please?
I’ve been contracting for a while and my current one is due to expire end of August, with a 28 day notice period for either party.
However, the company is going down the tubes, I don’t have much work to do (despite a 40hr p/w contract) and my boss called me in a fortnight ago saying I wouldn’t be renewed. Furthermore, they wanted to cut me down to 1 or 2 days per week (as there isn’t sufficient work for the 40 hours). Even then, the “1 or 2 days” might only be for a few more weeks.
So, I found another contract. They wanted me right away but I said I’d see out this one until the end of the month.
Thinking I was doing my existing company a favour, I gave a week’s notice (so they no longer have to pay me, which is what I thought they wanted!)... and now they’re insisting I work notice, and train another colleague to do my job!
Obviously the reality is simple, I’ve got to give a month.... but really? I’ve handed my work over, there is literally nothing left to do, and if I stay, I’m going to lose the other contract I’ve been offered.
What would you do? Any advice gratefully received, thank you so much.

[northernladuk]

Ask the new company if you can do a 4 day week for the first 3 weeks. Train the permie up at the old gig one day a week. The other 4 at the new gig. Everyone is happy.

[northernladuk]

Some further thoughts. Reading that I am guessing you are a new contractor. Terms like 'your boss' and 'training someone to do your job' smacks of permie thinking. The fact you've stuck around in a dead gig also adds to that. Sitting around getting paid to do nothing and waiting to be given work are not what a contractor does and really messes up your IR35 status. Are you aware of IR35?

A more experienced contractor would have had wheels in motion as soon as the work started drying up. At that point you should have gone in and started negotiating an early exit that suits both parties. You would have told the client there is nothing to do and you would be looking for other work and ask them what you need to do to exit gracefully. You could have negotiated a handover and a shorter notice period, dovetailing gigs and not pissing your client off so you've actually got the chance of coming back for more work in the future.

A more experienced contractor is also unlikely to accept a months notice either. That should have been chopped to a week before contract signing. Doesn't always work but you have to try, for fairly obvious reasons.

[mudskipper]

A more experienced contractor is also unlikely to accept a months notice either.

You do talk some sphericals. A month (or even no) notice is the norm - having your expensive skilled supplier abandon you mid project on a week's notice is a massive risk for any client.

[northernladuk]

You do talk some sphericals. A month (or even no) notice is the norm - having your expensive skilled supplier abandon you mid project on a week's notice is a massive risk for any client.

So what? Challenge it at contract signing and try get it reduced.

I haven't been on a month's notice for a long time know so can't really be the norm can it?

Surprising response from you that MS.

[GhostofTarbera]

What penalty is in your existing contract if you leave after 1 week or immediately

None - I thought not

Ask them to sign your timesheet until end of the week and you can do handover until then.

If they refuse just wish them well and say goodbye and start new contract


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[Old Greg]

What penalty is in your existing contract if you leave after 1 week or immediately

None - I thought not

Ask them to sign your timesheet until end of the week and you can do handover until then.

If they refuse just wish them well and say goodbye and start new contract


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I would offer to come in for one paid day for a handover when they gave a replacement. So give 28 days notice to terminate contract and then agree which day you will work within that 28 day period.

[simes]

If the client is willing to renege on a contract mid-flight, does that not mitigate any further ask on their part?

Yes, am fully aware of the no work / no invoicing rule, but moving from five days to 1-2 days per week for the remaining six months is nothing like the signed contract.

Could handing over be carried out over the phone and a Lync screen share?

For my part, if the current client is unwilling to see their way clear to clearing the way to the new client, I would just walk. Do Not put at risk the new contract, especially if as per another thread, the market is dire.

All that said, the end of the month is just two days away! Are we talking about end of March?

[skedaddle]

Thanks everyone! Yes, there was no problem until they sprang the “1 or 2 days” - I’d fully intended to stay until the contract ended in August.
By end of the month I actually mean February - I gave notice almost a week ago. I was just amazed they didn’t jump at the chance of me leaving!
I have a handover meeting scheduled, everything’s documented, just don’t know why they won’t let me go (aside from the obvious fact my contract says 28 days, and therefore they don’t have to!) There is no penalty clause in my contract, although not sure if that helps, when the notice period is stated?

[BlasterBates]

Surely your notice period has to be adjusted to reflect the 1 - 2 days a week. I would have thought a week would be perfectly sufficient.

The company is struggling they won't be employing an expert legal team to challenge you.

I wouldn't worry too much. Offer a day or two after you've left to help them out or even to do an evening or two for free just to get out.