Swapping contracts/ Ending new contract

[curtis]

At the end of the day some things don't work out, if you have a notice period use it. It won't be ideal the client may not be happy or the agent but things happen and you never always know how a job will be out till you start.

You have a notice period, if it was the other way round and the work dried up they could exercise their right according to the contract to serve you notice if not get rid of you instantly. Have a chat with the client and say what's happening, if it makes it easier make up some big family issue and you wish you did not have to leave but you do. Things can happen its not like they will know and maybe that might make the agent a bit nicer also about it!

At the end of the day fast forward a few weeks after you have left you will be old news to the client and agent. The main thing is you do what's in accordance with your contract in which case you have done nothing contractually wrong.

[malvolio]

The guy wants out. He's found a replacement. The bridges will be burned so do it in the best way possible that you won;t find yourself penalised and move on.

PWD is all very well but ultimately, if the client demands more than a standard 8 hour day every day and never shows flexibility, then I would consider that 'taking the piss' to use the technical term in my company policy and I would consider finding a way out. It is also about direction and control. You're on site for 10 hours (or whatever) every day because the client tells you to? Not me.

I don't disagree, and I set my working hours dependent on what needs doing that day, but let's be clear that 8 + 5 = 13 and the client is isn't responsible for the 5.... That's the point.

[northernladuk]

I don't disagree, and I set my working hours dependent on what needs doing that day, but let's be clear that 8 + 5 = 13 and the client is isn't responsible for the 5.... That's the point.

And that is how I read it. It is 13 hours of his time which included travel which the OP now can't stomach. Not sure how he didn't think he would have a problem with this before he signed the contract.

[jmo21]

Lesson learned I guess, agent and client will probably not be happy, but tulip happens.

I've asked about right of substitution on here before and I don't think anyone on here has ever been able to do it (I guess someone will now say they have of course).

And frankly, in most cases with IT contracts, why would a client want to do that, even if it is in the contract? Well it's in the agent->contractor contract of course, but is it in the client->agent contract?

I've never been convinced RoS clause works in real life.

[TheFaQQer]

I've asked about right of substitution on here before and I don't think anyone on here has ever been able to do it (I guess someone will now say they have of course).

I haven't, but I have worked on a project where a couple of people did it.

[Old Greg]

I don't disagree, and I set my working hours dependent on what needs doing that day, but let's be clear that 8 + 5 = 13 and the client is isn't responsible for the 5.... That's the point.

It depends of course on how the 13 hours is split up. If he has a journey from home to train station and is working in Docklands I guess he could have 5 hour round trip.

But there's always a way out if you want out.