How to leave a contract midway with no notice clause

[Old Greg]

Why is it that you can do a contract with a certain notice period and they can say there is no work so don't bother turning up any more but a contractor can't just say we have nobody available to come here anymore?

Because you sign a contract with those terms in.

[Davidjames]

Thanks everyone for their comments. Looks like I got myself stuck in a situation due to my own fault. There is a substitute clause in my contract, so let me try that route first. Legally it doesn't say what the penalties may be for breaking the contract but I guess the client or the agency can sue my limited company.

[kal]

Thanks everyone for their comments. Looks like I got myself stuck in a situation due to my own fault. There is a substitute clause in my contract, so let me try that route first. Legally it doesn't say what the penalties may be for breaking the contract but I guess the client or the agency can sue my limited company.

Just do the 6 months and walk, i think its bad form to break contracts, if you've signed up for x days then do x days and don't renew...

[Wanderer]

Hi I'm on a 6 month contract with no notice period. The agency can give me 30 days notice while I can't. Is this totally legal? Is there a way to break the contract if/when I decide to leave? Thanks, David.

Generally you can just negotiate an amicable agreement and then leave.

Have a talk to the client and find out what their expected notice period is. It's quite possible that they have one with the agency but the agency didn't pass this on to you. The agency will no doubt use the early termination as an excuse to withhold money it owes to you and my suspicion is that they offer these no notice contacts so they can make a bit of money if the contractor terminates early.

If they try this stupid trick then stand up to them and force them to pay what they owe you.

Also, let us know how you get on. This question gets asked quite a bit so it's good to have real world examples.

[JoJoGabor]

My one experience of is type of contract turned out to be a terrible place to work with an idiotic team manager who wanted to control every contractor in every possible way. No contractor lasted more than 3 months regardless of the clause in the contract and toying happened. It was an attemp to make people stay. I said the risks of IR35 applying to my business were greater than the risk of the agency suing. The agent still contacts me about opportunities as she was fully aware of the dire situation onside, and after much arguing admitted she understood completely.

[Eirikur]

My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?

[Antman]

Oooaaawww They got you good!

They could go after lost profits but they're in business to place people not go to court and the amount probably isn't worth it (no offence intended). So it's probably an empty threat in your contract, free advice from some stranger on the internet.

If they do take you to court, be sure to keep us updated!

[northernladuk]

My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?

Are you a contractor or an employee?

Termination of employment - Wikipedia, the free encyclopedia

Dismissal is where the employer chooses to require the employee to leave, generally for a reason which is the fault of the employee. The most common colloquial term for dismissal in America is "getting fired" whereas in Britain the term "getting the sack" or "getting sacked" is also used.

[jmo21]

My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?

not a fooking chance!!!

Are you a contractor or an employee?

Termination of employment - Wikipedia, the free encyclopedia

Captain pedantic as usual!

[cojak]

My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?

I'd let them try - they saw you coming when that contract came out.

Still, if you were daft enough not to get the contract reviewed and just meekly signed on the dotted line, you'll be daft enough to believe the agent.