Unhappy in Contract, Unable to Leave

[parkerdigital]

I started a 9-month contract a couple of months ago, but for various reasons I'm really not happy and would like to move on and find something else. The termination clause in my contract states that "The Contractor" can terminate with a notice period of two weeks, so I contacted my recruitment agency and gave them two weeks' notice. Apparently though, in the contract, "The Contractor" refers to the agency - I'm referred to as "The Consultant" - if I'd read the contract definitions properly I'd have known this

It looks like there is no option for me to leave before the end of the contract; if I did so the agency would potentially be in breach of their agreement with the client. I don't know where I would stand if that were to happen, and I don't really want to find out! I'm just wondering if anybody else has ever been in a similar position, and whether there's anything I can do about it?

[TheFaQQer]

Exercise your right of substitution and get someone else in.

Or talk to the client and see if they will terminate the contract for you.

[parkerdigital]

Exercise your right of substitution and get someone else in.

Or talk to the client and see if they will terminate the contract for you.

Thanks TheFaQQer, I've only been contracting for a couple of years and I've read about right of substitution but never had to exercise it!! So I'd basically be sub-contracting the work out to somebody else with a similar skillset?

[TheFaQQer]

Thanks TheFaQQer, I've only been contracting for a couple of years and I've read about right of substitution but never had to exercise it!! So I'd basically be sub-contracting the work out to somebody else with a similar skillset?

Yes.

Your company would still contract with the client, and the person you bring in is either someone who you subcontract the work to, or someone who is an employee of your company. Make sure you have the appropriate insurance to cover someone you are responsible for, and if you are on the VAT FRS then make sure that the additional VAT-able turnover won't knock you out of the scheme.

[Taita]

Yes.

Your company would still contract with the client, and the person you bring in is either someone who you subcontract the work to, or someone who is an employee of your company. Make sure you have the appropriate insurance to cover someone you are responsible for, and if you are on the VAT FRS then make sure that the additional VAT-able turnover won't knock you out of the scheme.

Actually your contract is with the agency not the client but, that said, let us know how you get on in exercising your RoS.

[SpontaneousOrder]

"The Contractor" refers to the agency - I'm referred to as "The Consultant" - if I'd read the contract definitions properly I'd have known this

have you checked that this really is the case? In mine myCo is 'the contractor' and I am 'the personnel'. The agency refer's to themselves by name which makes it easy.

[SueEllen]

have you checked that this really is the case? In mine myCo is 'the contractor' and I am 'the personnel'. The agency refer's to themselves by name which makes it easy.

Different agencies have different wording.

So you really need to check that you understand their definitions BEFORE you sign the contract.

[GillsMan]

So if it's the agency who can provide the two weeks notice - why don't they? Ask them to provide two weeks notice to the client.

Or exercise ROS clause.

[jmo21]

So if it's the agency who can provide the two weeks notice - why don't they? Ask them to provide two weeks notice to the client.

Eh?

Obviously they don't want to as they would lose easy money, have to replace the OP, and maybe another agency on the PSL might fill the spot.

[speling bee]

Advise your client that you will be unavailable for the provision of services on Tuesdays and Thursdays, but you can instead offer alternate hours over weekends.