Reply to: I want to leave a contract early

[RuddyNorah]

All went well, I sent the agency a note from my doctor, and I mentioned that there hadn't been any health and safety training or any indication of the size and weight of the printers. The agent contacted the client and 20 mins later my contract was terminated with immediate effect.

Ironically, later that same day the project was put on hold for a month as there hadn't been enough planning, so I could have just walked away anyway!

Thanks all for your advice, much appreciated.

[edison]

I can think of several clients I've worked for that included a manual handling e-learning course/training and/or occupational health type assessment as part of my onboarding even when it wasn't really part of any JD.

Whatever you do, make sure you don't aggravate any injury, it could easily incapacitate you for a while.

[Snooky]

Well the person I had lined up to replace me has changed their mind, so that's one advantage gone.

I submitted an e-consult request for a medical note and the auto-response was that the GP should be able to respond by Thursday.

The only other thing in my favour is that if they keep me to the 4 week notice period and I suffer a back injury they could conceivably feel some responsibility, and they might want to avoid that possibility.

However, my manager has only one thing on his wall, a poster that says "It is better to ask for forgiveness than permission" .. so I'm not expecting him to be especially lenient.

If you have a back injury you should probably call in sick and self-certify for the first 5 days, until you can produce a doctor's note. Do not continue to do work which worsens your injury, whatever your client says. Personally I'd also ask the client to record the injury in their accident book (and get a confirmation that it's been done). That may concentrate their minds a little. (see https://www.hse.gov.uk/riddor/reportable-incidents.htm, it sounds like you have suffered over 3 days incapacitation).

You could also be helpful to your client by letting them know you're unlikely to be able to continue in the role while injured, as long as it continues to involve the aggravating factor (the lifting), and that the injury may take more than 4 weeks to resolve so it may be in their best interests to find a replacement ASAP.

[Protagoras]

I don't think that OP should have let this reach the point where injury has arisen (evidenced by the need for medication).

Considering the manual handling required ...
- was a risk assessment done and was the risk not identified?
- was manual handling training provided?
- what mitigations were put in place to address the risk and why were they not effective?

I read this as being about a H&S issue which should already have been raised with Brolly and Client and which now requires action.

[RuddyNorah]

Well the person I had lined up to replace me has changed their mind, so that's one advantage gone.

I submitted an e-consult request for a medical note and the auto-response was that the GP should be able to respond by Thursday.

The only other thing in my favour is that if they keep me to the 4 week notice period and I suffer a back injury they could conceivably feel some responsibility, and they might want to avoid that possibility.

However, my manager has only one thing on his wall, a poster that says "It is better to ask for forgiveness than permission" .. so I'm not expecting him to be especially lenient.

[jamesbrown]

OK, I tried to clarify that in the following sentence...

Fair enough. I am sure you know the difference, but there seems to be a lot of confusion about what substitution entails (as well as what it means to have the "right"), so worth clarifying. Anyway, I agree that substitution isn't relevant for the OP who is an umbrella employee. A sick note should be absolutely fine.

[malvolio]

It's probably just your phrasing, but substitution means that another worker performs the work that you, personally, would otherwise have performed, but the contracting party remains responsible and liable for delivery and invoicing etc., there is no "handing over of the contract", just the work. Substitution is an alien concept in proper B2B contracting, it's an artifact of employment case law to demonstrate that a worker is not personally responsible for delivering the work. Subcontracting is the more general concept where the responsibility, again, remains with the contracting party. Assignment, on the other hand, is where the legal obligation shifts to the contracted party.

OK, I tried to clarify that in the following sentence...

[jamesbrown]

Substitution in this context means handing your contract over to another person in its entirety, but the contract remains with the original contractor.

It's probably just your phrasing, but substitution means that another worker performs the work that you, personally, would otherwise have performed, but the contracting party remains responsible and liable for delivery and invoicing etc., there is no "handing over of the contract", just the work. Substitution is an alien concept in proper B2B contracting, it's an artifact of employment case law to demonstrate that a worker is not personally responsible for delivering the work. Subcontracting is the more general concept where the responsibility, again, remains with the contracting party. Assignment, on the other hand, is where the legal obligation shifts to the contracted party.

[malvolio]

Yes it's the same contract... good point about the right of substitution .. the umbrella company is involved by my choice rather than being obligatory .. thanks.

Why is RoS relevant? Substitution in this context means handing your contract over to another person in its entirety, but the contract remains with the original contractor. What you are demonstrating is that it is not a contract of service (you have to do it) but a contract of services (anyone qualified can do it). Totally irrelevant if you are working through an umbrella and are therefore an employee (legally if not in reality) and so under a contract of service.

You will smooth things over considerably if you can tell the client that you have someone who can take over the work immediately, but that's as far as it goes.

[RuddyNorah]

Yes it's the same contract... good point about the right of substitution .. the umbrella company is involved by my choice rather than being obligatory .. thanks.

[hobnob]

I'm half way through a contract that involves lifting printers every day.

Is that the same contract you mentioned here?
Is it worth setting up a Ltd company for a 3 month contract? - Contractor UK Bulletin Board

If so, that means that it was offered as an outside contract (even though you're now using an umbrella), so in theory they should be willing to accept the right of substitution, i.e. they'd be happy for someone else to take over the role. You won't actually be able to use that directly, but it bodes well.

I'd start by talking to the client. You're probably right that they won't be able to offer you anything else, but it will help your case if you show willing. I.e. "I'm happy to stay on if you've got other work for me to do, but I'll step aside if that's not practical" rather than "hey, I've got a new contract, I'm off!"

[JustKeepSwimming]

I'm with everyone else. Just get a doctors note to the words that they have concerns the work is causing you health issues. Provided it's not a small firm with owner-manager who rules by feefees they will just let you go and suck it up.

There would be far too much grey for an objectively run company to do anything other than relieve you.

Considering the prevalence of remote private GP services, it's really not hard to get a GP note signing you off for weeks for <£100.

Absolutely help a brother out and recommend a replacement, not sure it would have much impact on the outcome though.

[RuddyNorah]

Thanks, I'll raise the issue with all parties on Monday morning. I have requested a medical note from my GP - they have emailed to say they'll give a response by Thursday, so hopefully this will resolve amicably.

[malvolio]

I agree. If the work is too physically heavy for you, that is the client's H&S issue rather than yours. A note from an GP (If you can reach one!) would be the first step - after you have raised it with the client...

[courtg9000]

I might get some flack for suggesting this, but a medical note from a doctor might be of some help here.