End date around early termination

**Scoobos** · 19 April 2012, 18:05

I've been there and it was sorted out by a bit of hardball, I think it went something like this.

End Client Co - "Do you want any more business from us, or do you want to try and get this 28 days out of us - leaving me having to tell your boss why you've cut yer own throat? "

Worked a treat in my case (although it was 7 days, not 28 and a very large company)

I personally always wince at 28 day terms, it defeats the object of contracting for both the contractor and the client co, and serves only the Agent, who we all know does very little indeed.

**northernladuk** · 19 April 2012, 19:26

Why does everyone always assume everything is 'not legal' when something a bit different happens.

I expect they are in a contract with the client with some kind of notice period so the agent expects him to honour it or be in breach. THis will get sorted out by negotiation so 'not legal' has no bearing here.

Secondly.. He is not your bleeding employer.. He is your client.. And your contract is with the agency. I wish 'contractors' would make more effort to understand this.

I would leave this to client to deal with, he holds the purse strings and as Scoobos says it would be in the interest of further business to suffer a bit of a loss. The client should make this clear to him and he will back down after grumbling a bit.

I do believe if you understood your situation better and your relationship between all the parties the agency would recognise you know your stuff and not be quite as pushy. The minute you call your client your employer the agent will assume your are a numpty and push for everything he has got. If you show a bit of nouse he might not be so quick to try it on.

**guleesh** · 20 April 2012, 10:17

Originally posted by northernladuk View Post

I do believe if you understood your situation better and your relationship between all the parties the agency would recognise you know your stuff and not be quite as pushy. The minute you call your client your employer the agent will assume your are a numpty and push for everything he has got. If you show a bit of nouse he might not be so quick to try it on.

Hmm - you're making quite a few assumptions that the language I use here is in any way the language I use when speaking to the 3 agencies between myself and the company to which I supply services. But then I guess that's the prerogative of a 'personality of the year'.
Without having to go into excruciating detail, I feel the company for which I work on site for is most conveniently described as the "employer" (although you are right technically the umbrella company, that is the 4th party for which I must fill in a time sheet, is my actual employer).

**psychocandy** · 20 April 2012, 11:12

But doesnt MOO apply here anyway. Surely you can just give 28 days notice to the agency (who you're contract is with) and then just not turn up at client site anyway? Tell them you;re ill or on hols if it makes any difference.

Leave client sort his own issues out with the agency - that's their own contract.

But it does sound like agency is just trying to wring the last few drops out of the contract if you're leaving anyway and is trying to blag it to get you to go in for those last 28 days.

Also, not being funny, but they aint gonna bother to sue you anyway are they?

**BolshieBastard** · 20 April 2012, 11:16

Originally posted by guleesh View Post

Hi,

I have given my notice to terminate a contract early.
I've been rolling for 15 months, and the employer and myself are both happy with my desire to move on to something different. We have reached a natural break in the project too.
Between us we are happy to bring forward the end date so that I don't have to work out a pointless 28 days and they can save a bit of money too.
However this is meeting with some resistance from the agency, who seem to not was us to make our own arrangement about the end date. My understanding is that my employer would be liable to pay the agency for the next 30 days anyway - is that legal ?

Is there some way that I can leave earlier than 28 days ? If I was ill would the company still have to pay ?

Thanks in advance for any useful advice.

Just invoke the MOO in your contract (you do have a MOO clause?)

I know NLUK may not like the idea but at least you and your client are happy to terminate early. Agent getting narky? Tell to sling their hook.

**guleesh** · 20 April 2012, 12:04

Originally posted by psychocandy View Post

But it does sound like agency is just trying to wring the last few drops out of the contract if you're leaving anyway and is trying to blag it to get you to go in for those last 28 days.

Also, not being funny, but they aint gonna bother to sue you anyway are they?

This is exactly my impression of the situation. Three agents from the 3 agencies all phoning me to ensure that I know I have 30 days (according to 2 of them) and 28 days (according to one of them) to serve out.
When I tell them that the client and I would like to set our own date, they sound quite nervous.

I'm doubt anyone would sue. But would they try to withhold payment ? I don't really want to gamble.

**northernladuk** · 20 April 2012, 12:10

Originally posted by guleesh View Post

This is exactly my impression of the situation. Three agents from the 3 agencies all phoning me to ensure that I know I have 30 days (according to 2 of them) and 28 days (according to one of them) to serve out.
When I tell them that the client and I would like to set our own date, they sound quite nervous.

I'm doubt anyone would sue. But would they try to withhold payment ? I don't really want to gamble.

You can't expect to breach your contract without a bit of a rough ride. The agent has a piece of paper saying he will be paid and you have kinda blown that out of the water so can't blame him for being a tad annoyed, we get annoyed enough when we get binned.

It wouldn't be unheard of them to withhold payment but from what I remember of previous threads a couple of threatening letters explaining the situation and what are going to do about it normally gets them to back down. I don't think you are going to lose anything but you may have to play the game.

**pmeswani** · 20 April 2012, 12:17

Originally posted by guleesh View Post

This is exactly my impression of the situation. Three agents from the 3 agencies all phoning me to ensure that I know I have 30 days (according to 2 of them) and 28 days (according to one of them) to serve out.
When I tell them that the client and I would like to set our own date, they sound quite nervous.

I'm doubt anyone would sue. But would they try to withhold payment ? I don't really want to gamble.

Firstly check your contract for MOO. Tell the agency, or get the client to tell the agency, that there is no further work available after the given date, and that the clause relating to MOO is being invoked. If they threaten legal action, or refuse to accept the termination, get a solicitor to send the agency a letter to advise that they are in breach of contract, especially if they are witholding payment.

This is assuming you have a MOO clause in your contract.

**BlasterBates** · 20 April 2012, 12:24

Yes unfortunately you have a contract with the agency not the client. If the client terminates with the agency, the agency will automatically terminate, otherwise you're open to damages for breach of contract. If the client is motivated to terminate this will be a big help otherwise you're probably not going to get out of this easily because you're leaving the agent out of pocket. In the end it would be about 15-20% of your final invoice, not the end of the world, so it maybe worth settling with them, £500 or so.

End date around early termination