Cutting contract short

[Scoi]

I'm on a rolling contract with ClientCo and signed up until February. I've been offered an interview which is a 15 minute drive from my house and probably a small rate increase rather than the M_F commute and 6am starts. I can't find anywhere in my contract which says i have the right to cut the contract short and nothing to say there is any form of penalty.

The guy i report to at current ClientCo will probably be disappointed but ultimately understanding so can't see him kicking up much of a fuss but agent could be a problem as he'd be losing out on his cut.

If it's not mentioned can i go ahead a declare the my services are no longer available from a certain date or should i ask the boss here to tell the agent my services are no longer required?

[kaiser78]

If there is no termination period cause in your contract negotiate a mutual agreeable notice period with client co and new co. And do direct with existing client and not with the agent as they will probably try and persuade you to see contract through.

Ignore all the comments that will follow about honouring your contract duration etc, do what you need to do that is best for you. Just do it on good terms to keep you conscience clear.

[psychocandy]

Probably get some bellend on here in a min having a go at you. Dont worry - what they say and what they probably do in real life will be the total opposite.

Do what suits you if you can. Dont worry about the client because they wont care about you.

[northernladuk]

Just out of interest what did QDOS (or similar) say when you had your contract reviewed?

Regardless of the arguments for an against notice period something should have been documented surely?

[Scoi]

Contract review just said it was fine in regards to IR35.

My current boss said at renewal that it would be nice if we had an unofficial agreement for both parties to give a reasonable amount of notice. A contractor got just over 3 weeks from the ClientCo and another gave just over 2. Both are with the same agent but don't know whether it coincided with the end of the contract date.

Its hypothetical at the moment as interview not until Wednesday.

[northernladuk]

Contract review just said it was fine in regards to IR35.

My current boss said at renewal that it would be nice if we had an unofficial agreement for both parties to give a reasonable amount of notice. A contractor got just over 3 weeks from the ClientCo and another gave just over 2. Both are with the same agent but don't know whether it coincided with the end of the contract date.

Its hypothetical at the moment as interview not until Wednesday.

Yeah I can imagine not having notice would be ok for IR35, just thought documenting something would have been more clear from a legal perspective but guess that is just being a pedant...

Sounds like you are in an ideal situation then, open season for negotiation and I think it would be safe to say a month would be pretty unreasonable for such an agreement. Couple of weeks sounds ideal.

Guess it all depends on what your new client will want from you. Some want you in the following week, other can happily way a month or more for the right person. Good luck.

[brendan_uk]

Have heard if notice period is not specified then how often you get paid is the notice period, so monthly 1 months notice.
Try and be reasonable but in the end suit yourself, as client would do same.

[ShandyDrinker]

Yeah I can imagine not having notice would be ok for IR35, just thought documenting something would have been more clear from a legal perspective but guess that is just being a pedant...

Was really surprised with a previous contract review (by QDOS) which had no notice period (on either side) who said it was actually bad from an IR35 perspective whereas my accountants thought it was absolutely fine... just shows what a grey area this is.

My opinion is that if you have a contract with no notice on either side then surely this would be a pointer to a proper business relationship as you don't want either side to be able to walk away from the contract unless there is negligence or one of the parties is either taken over or goes bust?!

[Scoi]

I invoice weekly so no bother there. My hope is: interview Wednesday. Get the nod by the end of the week. Tell current boss by COB Friday. 2 week handover if needed.

I'm on a contract for multiple small projects so I can make sure i'm finished everything by the time i'm off. I think most people know i'm on the lookout, new permie's starting by the end of the year and i'm heading out for a call every day.

[northernladuk]

My opinion is that if you have a contract with no notice on either side then surely this would be a pointer to a proper business relationship as you don't want either side to be able to walk away from the contract unless there is negligence or one of the parties is either taken over or goes bust?!

Mal is the notice period expert but business wise there is nothing wrong with a notice period. It isn't bad business to write a notice period in, it can help should your supplier not be performing or your business model changes. There are situations where you may need to get out. My last client invoked notice period on a global outsourcer as they were not performing so you can't say no notice period=good business. Infact you could argue tying yourself in to a supplier you can not get rid of except through exceptional circumstances could be seen as bad for a business.