Leaving a contract in first month

[jf2010]

Basically I started in a contract in EU (with Umbrella company) and relocated, due to personal issues I want/need to leave the contract and resign.

I normally have a months notice period but just after re-reading the contract I see: "The probationary period is one month. During this period, both the Employer and the Employee may terminate the employment with immediate effect and without stating their reasons for doing so."

I am still within the first month until coming week, can I simply resign without going into details? I know there is no good way to do this..

Anything I should look out for before I inform them? Working a few weeks notice could be possible too but I am not sure if it will help the situation as they'll be pissed either way

[Paralytic]

I'd be honest with them (first Umbrella, then client), tell them its not working, that you could walk without notice (assuming you're right about your contract), but are willing to work for the client on a short notice period to allow for a handover, if they'd want that.

Of course, you then have to trust that they'll pay you for that notice period.

The complication might be whether the contract between the Umbrella and the client has the same probationary period 0-day terms.

[ladymuck]

Ditto the above but with a change - I'd do the client first as that who I'm more likely to have the working relationship with.

Just be honest. Lots of people are having a tough time at the moment and any half decent company is going to be flexible. There's no incentive for them to try to force you to stay when you don't want to be there.

You don't need to go into the details but talk to your manager first about what would work between you and summarise it in writing. See if the client is willing to issue to the notice of termination to the agency / umbrella as that often carries more weight if they're likely to get shirty. If they can't / won't then forward on that summary, giving formal notice of termination as agreed with the client.

It's not nice to have that 'bailing out' feeling but, handled well, you could end up leaving on good terms with a potential for future opportunities (or at least not immediately excluded) when things get better.

[Lance]

I'd be honest with them (first Umbrella, then client), tell them its not working, that you could walk without notice (assuming you're right about your contract), but are willing to work for the client on a short notice period to allow for a handover, if they'd want that.

Of course, you then have to trust that they'll pay you for that notice period.

The complication might be whether the contract between the Umbrella and the client has the same probationary period 0-day terms.

I don't think that you're right.


1) As an employer the umbrella can't just not pay. This is not a B2B contract.
2) The OP clearly states that there is no notice period in the probationary period. So that's covered or the OP is lying (seem unlikely really).
3) And the contract between umbrella and client is totally immaterial for the reason stated in point 1


The OP should just invoke the notice but talk with the client about the decision in the interest of professional courtesy. They may or may not want to give a few extra days work, but going via the umbrella as the first discussion will not help.

[billybiro]

Basically I started in a contract in EU (with Umbrella company) and relocated, due to personal issues I want/need to leave the contract and resign.

I normally have a months notice period but just after re-reading the contract I see: "The probationary period is one month. During this period, both the Employer and the Employee may terminate the employment with immediate effect and without stating their reasons for doing so."

I am still within the first month until coming week, can I simply resign without going into details? I know there is no good way to do this..

Anything I should look out for before I inform them? Working a few weeks notice could be possible too but I am not sure if it will help the situation as they'll be pissed either way

Put the shoe on the other foot for a moment.

You've been working for the client for less than a month and your stated probationary contract term applies. Now imagine the client does some internal reshuffling and now realises they no longer need your services. What would the client do?

Do you think they'll terminate but take pity on you and allow you to work for another 2 weeks, fully paid? Do you think they'll be hesitant to terminate you with immediate effect in case they hurt your feelings? Most likely, they will do the most business-like thing, which is to be firm but fair and polite. They'll thank you for your time thus far, then terminate your contract with immediate effect, and wish you well for the future. So you should do the same.

[Lance]

Put the shoe on the other foot for a moment.

You've been working for the client for less than a month and your stated probationary contract term applies. Now imagine the client does some internal reshuffling and now realises they no longer need your services. What would the client do?

Do you think they'll terminate but take pity on you and allow you to work for another 2 weeks, fully paid? Do you think they'll be hesitant to terminate you with immediate effect in case they hurt your feelings? Most likely, they will do the most business-like thing, which is to be firm but fair and polite. They'll thank you for your time thus far, then terminate your contract with immediate effect, and wish you well for the future. So you should do the same.

The client cannot terminate a contract that has already been terminated by another party.


/pedant

[Manic]

The client cannot terminate a contract that has already been terminated by another party.


/pedant

Not sure I get your point. The previous poster was explaining if the roles were reversed the client would simply terminate and move on. He suggested therefore that feeling guilty and offering to work a handover was not necessary.

[Paralytic]

I don't think that you're right.


1) As an employer the umbrella can't just not pay. This is not a B2B contract.
2) The OP clearly states that there is no notice period in the probationary period. So that's covered or the OP is lying (seem unlikely really).
3) And the contract between umbrella and client is totally immaterial for the reason stated in point 1


The OP should just invoke the notice but talk with the client about the decision in the interest of professional courtesy. They may or may not want to give a few extra days work, but going via the umbrella as the first discussion will not help.

Scenario:

- Employment contract with Umbrella will likely be minimum wage plus whatever payments come from client based on signed timesheets
- OP tells client they're leaving and client agrees, asking for 2 weeks additional work
- OP agrees to this and does that work
- Client subsequently does not sign timesheet as a "Up yours" to OP for leaving early

What does the employer (Umbrella) legally have to pay the OP for those 2 additional weeks?

I do agree with ladymuck and you that speaking to the client (before Umbrella) would be a better idea.

[BigDataPro]

If you want to maintain good relationship with the end client, then tell them that it is not working. I have left contract at southend-on-sea in 2 days (the reason I mention the location is that many people here know who the client could be).

Told the client that it is not working and I just want to leave. Agency/Umbrella/Client wanted to know if I am going bill for those 2 days. I said No, I am not going to. While legally I can do that, I didn't want to as I didn't do anything in those 2 days except spending my own money for accommodation, travel and waiting for my access to come through.

As a contractor, you are running a business. There are ups and downs but leaving a contract in one month is not one of them. If you don't like it, just let them know, if they insist that you wait until they find a replacement then please do so (and charge them accordingly) and leave.

[Lance]

Scenario:

- Employment contract with Umbrella will likely be minimum wage plus whatever payments come from client based on signed timesheets
- OP tells client they're leaving and client agrees, asking for 2 weeks additional work
- OP agrees to this and does that work
- Client subsequently does not sign timesheet as a "Up yours" to OP for leaving early

What does the employer (Umbrella) legally have to pay the OP for those 2 additional weeks?

I do agree with ladymuck and you that speaking to the client (before Umbrella) would be a better idea.

The employer has to pay for the 2 weeks if they are worked...
If the client refuses to sign the timesheet it’s the agency/umbrella/client’s problem.
As long as the worker did work, but unlike a b2b contract, the burden of proof is on the employer.