Right to cancel an extension

[Spikeh]

Wait till you get the contract in your hands for the new role then walk.

That is what you wanted to hear isn't it?

Not at all. If I was that kind of person, I wouldn't be asking for opinions of others based on similar experiences, would I?

[Spikeh]

Do you have the right to refuse work in your contract? If so, I would invoke the clause in order to get out of it. You might get terminated straight away, or be required to serve your notice. Without knowing your notice period or contract, I don't know what options works best for you. But you can either serve your notice, refuse work, or do something unsavoury (as this is in a professional forum, I won't list them) that could cause your contract to be terminated immediately.

Yes, of course - I make sure all of my contracts are IR35 friendly. My notice is 30 days, but as you point out, it's rarely worth the paper it's written on.

I would rather pass up the new opportunity and work my extension / notice than walk - that's not an option; I wouldn't have renewed if it was all bad

The question here is, am I legally allowed to retract my contract extension before I commence the renewal? The renewal schedule states that the /client/ can cancel the contract up to the new start date, but does not say anything about the consultant / me.

If I issue my notice, I will work it, but I need to know if I actually need to serve it, or I can just cancel the extension / renewal.

[pmeswani]

Yes, of course - I make sure all of my contracts are IR35 friendly. My notice is 30 days, but as you point out, it's rarely worth the paper it's written on.

I would rather pass up the new opportunity and work my extension / notice than walk - that's not an option; I wouldn't have renewed if it was all bad

The question here is, am I legally allowed to retract my contract extension before I commence the renewal? The renewal schedule states that the /client/ can cancel the contract up to the new start date, but does not say anything about the consultant / me.

If I issue my notice, I will work it, but I need to know if I actually need to serve it, or I can just cancel the extension / renewal.

I suspect you can, especially if your contract states you can refuse work. All you need to do is get the new contract before your renewal starts and tell the agency that you are refusing to do any work. This would give you the opportunity to not take on the extension. Legally, the agency may try and sue you, but if your contract states you are entitled to refuse work, they won't have a leg to stand on. Whilst I acknowledge it is better to work out your notice, or at least the total extension length, you are not obligated to do so if you refuse work, or if there is no work available.

[Boo]

The question here is, am I legally allowed to retract my contract extension before I commence the renewal? The renewal schedule states that the /client/ can cancel the contract up to the new start date, but does not say anything about the consultant / me.

If I issue my notice, I will work it, but I need to know if I actually need to serve it, or I can just cancel the extension / renewal.

Interesting question. If it was the initial contract then AIUI the contract does not actually start until the first payment or piece of work is performed (don't quote me on that though). For a renewal that may not apply.

What you could do is just walk, quoting the (clients) cancellation clause as if it applies to you equally. That would put them in the situation that they have to argue for the asymetrical term. They might do that, but a typical HR numpty might not think it meant what it says...

Or, if your contract is as IR35 worthy as you suggest, then just send in a substitute for a month. You never know it might lead you to greater things, like running your own recruitment agancy

Boo

[Spikeh]

Interesting question. If it was the initial contract then AIUI the contract does not actually start until the first payment or piece of work is performed (don't quote me on that though). For a renewal that may not apply.

What you could do is just walk, quoting the (clients) cancellation clause as if it applies to you equally. That would put them in the situation that they have to argue for the asymetrical term. They might do that, but a typical HR numpty might not think it meant what it says...

I don;t see why it should apply, as a renewal is just that... a new contract. Fair enough, they reuse paperwork etc, but legally i'm entering in to a new contract.

I think the simple case is - I'll see how the interview goes and play it by ear.

[Wanderer]

the lack of organisation and investment here is driving me (and all the other devs) up the wall.

Yeah, I get fed up with the way clients run their business (normally when I've been working there for too long) but to be honest it's got bugger all to do with me. You've got to rise above it, if the client wants to make stupid decisions which push them off a cliff then let them.

You're not a permie, so just go with the flow and think of the money....

[Spikeh]

Yeah, I get fed up with the way clients run their business (normally when I've been working there for too long) but to be honest it's got bugger all to do with me. You've got to rise above it, if the client wants to make stupid decisions which push them off a cliff then let them.

You're not a permie, so just go with the flow and think of the money....

Well yeah... of course. I've been doing this long enough to know exactly where I stand in an office environment, but there are a lot of things out of my control. e.g. (apologies to those who aren't in the same business / technical) not opening port 80 on a web server "In case a virus gets in" (yeah, really); taking 2 weeks to create a few AD accounts; having to repeat myself an unfathomable amount of times (both face to face, in email and in documentation I've written), and people STILL getting fundamental things wrong; putting a system in to two different phases of testing, and having no one from the business actually understand - or care - that nothing's being done, even after briefings and handovers (and yep, we went "live" without any real testing); and having to chase and project manage the client's suppliers because they're unable to deliver on their promises. And that's just a handful of things...

I've been here 3 months - it usually takes me considerably longer to get miffed with a client, if I even get to that stage! There are so many blockers, it's amazing I've got anywhere at all.

Anyway, contrary to the above, I'm not here to whinge... but there are a plethora of things wrong that affect the work I've promised to my client - who are more than aware of the issues, but don't seem to care in the slightest they're paying for something that's quite a big deal to the business overall!

[TheFaQQer]

Opinions re cancelling the extension with a week's notice?

If your notice period is 30 days, then you terminate the contract without giving 30 days notice, you will be in breach of contract. The fact that you didn't put a clause in the contract which allows for termination prior to the start of the contract when the client / agent did is your bad luck.

You could get a substitute in to do the 30 days for you, of course, or you could quote the non-MOO clause in the contract and refuse to do the work that they offer. That might make you look a bit of an arse to be honest - if you want to work with the client again then I certainly wouldn't consider the second of these options.

Have you considered discussing the situation with the client?

[Andy Hallett]

Contract

Your contract probably explains the exact answer to your question. From a moral perspective you have accepted the contract and should follow the terms you have agreed, excercising the appropriate notice. If you do get the other role and there really is no work at your current gig then speak to the client, it may be mutually beneficial.

Generally contractors can and do walk out on a client with no comeback on them, it simply doesn't do the reputaion of professional contractors any good.

[Willapp]

If your notice period is 30 days, then you terminate the contract without giving 30 days notice, you will be in breach of contract. The fact that you didn't put a clause in the contract which allows for termination prior to the start of the contract when the client / agent did is your bad luck.

I agree with this. I'm no lawyer but surely a contract is binding once it has been signed by both parties, so in the absence of any special circumstances to the contrary, you are obliged to honour the terms of the agreement and if there is no explicit right for you to terminate before the start date, you don't have one. However...

Have you considered discussing the situation with the client?

This is surely your best bet, if you've got a contact at the client who is in any way reasonable. If you get offered the new contract and decided to take it, speak to your current client and make up a plausible reason why you need to terminate early (family circumstances etc.) and agree a compromise of working perhaps a week's notice to give them a chance to find a replacement. I wouldn't condone this on a regular basis but as long as you don't disappear and leave them in the s**t I don't see the harm in it occasionally if it gets you into a better role elsewhere.