Permanent to Contract... Please help!

[PCTNN]

1. find a contract, tell them you can start in 4 weeks
2. hand in your notice from your permie job
3. try to negotiate a shorter notice
4. if point 3 fails, stop showing up/call in sick and in the meantime start your contract. Nobody will know...

[NotAllThere]

4. if point 3 fails, stop showing up/call in sick

Don't call in sick. Just don't show up. The worst the employer can do is sack you.

[BlasterBates]

Don't call in sick. Just don't show up. The worst the employer can do is sack you.

Not a good idea, you can be potentially sued as well as being sacked. Let them know that you are not turning up.

[NotAllThere]

Not a good idea, you can be potentially sued as well as being sacked. Let them know that you are not turning up.

I discussed this with HR people (admittedly a while back), and the general consensus was that it simply wasn't possible to force someone to work out their notice. There is no recourse. Something to do with anti-slavery laws! Of course, things may have changed.

But yes, definitely have the courtesy to call to tell them you're not coming to work anymore, before not turning up!

[northernladuk]

I discussed this with HR people (admittedly a while back), and the general consensus was that it simply wasn't possible to force someone to work out their notice. There is no recourse. Something to do with anti-slavery laws! Of course, things may have changed.

But yes, definitely have the courtesy to call to tell them you're not coming to work anymore, before not turning up!

You are right. You can't force them to do the work but it is still clear breach of contract and legal action can be taken, particularly if it affects the employers income. Would they normally? I doubt it as it's not worth it unless there is financial loss and if not treated carefully the employee could come back with a counter case of constructive dismissal. That said I have seen one instance of an employee on a small consultancy billed out to a client just upped and went ignoring a three month notice. He also went to a competitor working in the same field which didn't help. That definitely went legal but was settled out of court. I'd imagine some agreed payment to cover the loss of revenue he would have made in the time it took to replace him. Employee was still better off after it by moving so he wouldn't have been that bothered.

Would they sue some desk monkey that's leaving is slightly inconvenient? I very much doubt it. Lots of noise maybe but pointless going legal.

[BlasterBates]

I discussed this with HR people (admittedly a while back), and the general consensus was that it simply wasn't possible to force someone to work out their notice. There is no recourse. Something to do with anti-slavery laws! Of course, things may have changed.

But yes, definitely have the courtesy to call to tell them you're not coming to work anymore, before not turning up!

We had an employee who cancelled shortly before joining and HR said yes you can sue but not to bother. I certainly wouldn't say nothing as you would be liable for the expense the company will go to cancel all the paperwork, and they might just send you a bill to teach you a lesson.

The legal way to do this and I have done this, is a contract to end employment without notice. The company wanted me to work in some far flung location so I asked to terminate.

[NotAllThere]

The argument was: we can't require someone to come into work. If they stay home, so long as we pay them for the duration of the notice period we have recourse if they go and work for someone else - but the best we'd get is the money we paid + costs. If we don't pay them, we're in breach and they can go and work for whomsoever they like. And will probably sue us for constructive dismissal!

Interesting with the non-starting. In this neck of the woods it's usual to have the first week one day notice, before the standard notice periods kick in. But then it's much easier to hire and fire. And employers here can (and do) take legal action for contract breach if people don't work out their notice! Napoleonic law.

I've always worked out my notice, btw. In case anyone was wondering.

[PCTNN]

if negotiating a new shorter notice period fails, I'd check my contract of employment to see what would give my employer good cause to terminate my employment immediately and then just do exactly that.

I don't know...probably some sort of gross misconduct? Like, take off your pants during a teams call and that's you nice and free

[T1994]

1. Make sure that you have 6 months of savings to last you 6 months without work.

2. Put in your notice.

3. Keep an eye on jobboards/LinkedIn until 1 week before you walk out of work and then start applying for contracts.

That's it.

Thank you, appreciate the feedback and insight on the risk adverse approach!

[T1994]

I would start applying now and do a few interviews.

Many people who have been in a role for a long time get a nasty shock when they start interviewing for roles and I would go as far as to say that being comfortable in interviews is part of the contractor skillset.

Worry about your notice period if and when you resign - you may be able to negotiate something that works for all parties.

Defnitely agree - I feel that confidence is a big factor! And doing a few interviews will give that confidence. Whats the key difference between the permie and contractor interviews?