Reply to: Withdraw from a contract

[BR14]

Where there's a will, there's a way. Serve notice as per the contract and immediately phone in sick for the entire duration of the notice period.

Agent & client will be seriously pissed off, but you'll be "free" of the contract without, technically, being in breach and you'll never have to set foot on the client's site.

very permie mindset showing through, there

[Lance]

Where there's a will, there's a way. Serve notice as per the contract and immediately phone in sick for the entire duration of the notice period.

Agent & client will be seriously pissed off, but you'll be "free" of the contract without, technically, being in breach and you'll never have to set foot on the client's site.

What part of a contract allows you to b sick but not breach the contract?
This is stupid ******* idea.

[billybiro]

I'm in the same position as the original poster, but my notice is 3 months. I haven't started however and still have 2 weeks until official start date. But have signed and sent over my signature, start date, etc. I guess it's too late to pull out now, even though I've found something a bit better?

Where there's a will, there's a way. Serve notice as per the contract and immediately phone in sick for the entire duration of the notice period.

Agent & client will be seriously pissed off, but you'll be "free" of the contract without, technically, being in breach and you'll never have to set foot on the client's site.

[nicholas22]

It can't be. NLUK says it isn't

[northernladuk]

It can't be. NLUK says it isn't

[TheFaQQer]

Very strange that your contract is holding you to 3 months' notice. Is that a perm position?

It can't be. NLUK says it isn't

[nicholas22]

Very strange that your contract is holding you to 3 months' notice. Is that a perm position?

Yes

[northernladuk]

Very strange that your contract is holding you to 3 months' notice. Is that a perm position?

Nah, just poorly negotiated.

[amanwhoisquiet]

Very strange that your contract is holding you to 3 months' notice. Is that a perm position?

[nicholas22]

I'm in the same position as the original poster, but my notice is 3 months. I haven't started however and still have 2 weeks until official start date. But have signed and sent over my signature, start date, etc. I guess it's too late to pull out now, even though I've found something a bit better?

[Swamp Thing]

So you've not had your contract checked to make sure it's outside IR35 either??

Oh I'm sure the OP will confirm the clause is in there, but as so often happens, the client has no operational intention to abide by it.

[northernladuk]

I don't think I have an option of sending a substitute unless he is as qualified as me which is very unlikely to find in this very short time.

Alternate is I have to go through the notice myself albeit reluctantly

So you've not had your contract checked to make sure it's outside IR35 either??

[northernladuk]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

What do you expect them to do? Nothing and end up with no one?"Gotta use some common.

[pictavia]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

I wouldn't assume the matter is settled. This may be mitigation i.e. the agency taking steps to minimise loses as a result of the breach. If the agency has an exclusive on this contract, you may be ok if they find a suitable candidate. If another agency secures the business, your agency won't be happy.

Have you formally accepted the second contract? If not, I would offer to work the notice period on this one if applicable (do check the contract specifies a notice period - some don't). As the contract is for 5 months, it may be best for the client and agency to find someone else for the entire duration.

I hope it works out for you.

[TheFaQQer]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

It just means that if you breach the contract they now have some losses to show for your breach which they can ask you to pay.