Reply to: How to terminate a contract before it is even started

[SueEllen]

I particularly enjoyed her more verbose posts, usually posted late in the evening funnily enough...

I wonder if she preferred vodka or wine?

[DiscoStu]

I miss her

I particularly enjoyed her more verbose posts, usually posted late in the evening funnily enough...

By enjoyed, I mean couldn't be arsed to read.

[TheFaQQer]

Holy necro-thread!

I saw some posts by Denny and wondered if we were stuck in a timewarp...

I miss her

[DiscoStu]

Got myself into a similar situation here.. Got a 2 week contract out of desperation and now opportunity for something better (6 months, better rate).
1 day notice for this role (i've already signed the contract).

Should I walk after 1 day?

Any clause that either party can terminate before the contract starts?

[DiscoStu]

Holy necro-thread!

I saw some posts by Denny and wondered if we were stuck in a timewarp...

[TheFaQQer]

Should I walk after 1 day?

If you want to. If you don't want to, then don't.

[maxedvolume]

Got myself into a similar situation here.. Got a 2 week contract out of desperation and now opportunity for something better (6 months, better rate).
1 day notice for this role (i've already signed the contract).

Should I walk after 1 day?

[Lewis]

So you can give the agency/bank 1 days notice then leave???

Yep. A friend worked for 4 years at a Canary Wharf global investment bank like that. Then quite literally one day he left. But I agree more commonly it is usually something like 1 weeks notice for 1st month and then 1 month after. Also agencies often try to make the contract so the client can give 1 days notice and contractor is not able to give any. I always negotiate that bit out!

[Archangel]

I have quite often actually. With big agencies and investment banks. I say no notice, it is usually 1 day.

So you can give the agency/bank 1 days notice then leave???

[Lewis]

You do spout some nonsense Denny, in 20 years of contracting I have NEVER had a no notice period on the contractor side. (often on the Client/Agency side)

I have quite often actually. With big agencies and investment banks. I say no notice, it is usually 1 day.

[Archangel]

In the first month there is no notice period usually, so the material losses would be zero.

You do spout some nonsense Denny, in 20 years of contracting I have NEVER had a no notice period on the contractor side. (often on the Client/Agency side)

[tim123]

No solicitor would lead his client to court unless they had a fair chance of winning the case. .

I agree, but you implied (very strongly) that the reason the case wouldn't come to court is because the agent would realise that judge wouldn't uphold the unequal clause that was the cause of the problem.

This is entirely false. If it were not to get to court on solicitors advice, the reason is that the contractor would be told that he had no defence to the clause and should pay up!

Having said that, it will more likely not get to court because any award would be against the contractor's LTD and the agency will realise that this party is not worth sueing.

tim

[Denny]

Best way round this if you can is, as someone has already pointed out, to invoke the substitution clause.

When are you going to invoke a sub for yourself on this forum?

[ratewhore]

Best way round this if you can is, as someone has already pointed out, to invoke the substitution clause.

[Denny]

In a B2B contract reciprocity is not expected. If you signed it, then it will be expected to be honoured.

And the case would have to come to court for the judge to even consider rejecting it.

tim

No solicitor would lead his client to court unless they had a fair chance of winning the case. What would be the point? Most wouldn't touch the case in the first place to save wasting their client's time. Even if there is a case, in civil law the process is set up deliberately to promote out of court settlements based on what an estimated sum that 'could' have been won if the case did come to court. In this case, I expect it would be nil.