Reply to: Notice Period / Termination

[malvolio]

If the job is not as advertised/described in the contract potentially it is a breech of contract.

Have a word with your contact at the client site and point out the differences between your contract and real life. Tell him/her why you aren't happy and explain that unless the position is made to match the contract you will be out of there because of breech on contract.

They will most likely let you go.

That's "breach" - trousers are different.

Otherwise, WHS - but don't expect to get paid...

[Ardesco]

If the job is not as advertised/described in the contract potentially it is a breech of contract.

Have a word with your contact at the client site and point out the differences between your contract and real life. Tell him/her why you aren't happy and explain that unless the position is made to match the contract you will be out of there because of breech on contract.

They will most likely let you go.

[dude69]

Thanks all for the replies, even the more abrasive ones, lol.

I agree that I should abide by my contract and stick it out but should the agency/client not do the same? The position they have me in does not reflect what was agreed/stated in the contract. I can easily do the job but it wasn't what I signed up for. I'm certainly not looking for sympathy either, I'm merely seeking advice.

Re the new position, naturally, I'd be taking a chance going for it as they could quite easily do the same to me and put me in a different role.... or it could be the job they have advertised (which suits me better than my existing one). The rate is actually the same as what I'm getting now so I wouldn't be moving for the money.

In what way is the job not what was avertised?

[BrilloPad]

It's not about walking out, it's about contractors in general presenting themselves as professionals and not fly-by-night cowboys. The sooner people twig that, the better AFAIC...

I wish clients/agents would behave as professionals rather then fly-by-night cowboys. Look at the ML thread.

[malvolio]

i've heard quite a lot cases where a contractor has walked after a day or two. nothing came of it afaik.... m ost companies aren't going to be arsed about sueing over that length of time! .. so just walk out stating 'misselling/misunderstanding of the contract to me'

It's not about walking out, it's about contractors in general presenting themselves as professionals and not fly-by-night cowboys. The sooner people twig that, the better AFAIC...

[hgllgh]

i've heard quite a lot cases where a contractor has walked after a day or two. nothing came of it afaik.... m ost companies aren't going to be arsed about sueing over that length of time! .. so just walk out stating 'misselling/misunderstanding of the contract to me'

[StayPuft]

Thanks all for the replies, even the more abrasive ones, lol.

I agree that I should abide by my contract and stick it out but should the agency/client not do the same? The position they have me in does not reflect what was agreed/stated in the contract. I can easily do the job but it wasn't what I signed up for. I'm certainly not looking for sympathy either, I'm merely seeking advice.

Re the new position, naturally, I'd be taking a chance going for it as they could quite easily do the same to me and put me in a different role.... or it could be the job they have advertised (which suits me better than my existing one). The rate is actually the same as what I'm getting now so I wouldn't be moving for the money.

As for 'SP'.... I'm keeping it!

[Sockpuppet]

Thanks again.

SP.

I think you'll find that SP is mine

Is this another "i took a contract but one paying £x more a day came up elsewhere"

[Sausage Surprise]

Another reason why Clients don't like first time contractors. Bite the bullet, get on with it and stop whinging like a permie.

[chris79]

Double check again, some T&Cs have a clause where you can leave with 1 week or zero notice within the first week of the contact, etc. Either that or you could always sit down with the client and explain the situation and see if they will waive the notice period? Perhaps if they know you are going in 4 weeks anyway they might just say go now as it's pointless you getting started on something which won't be finished?

[chicane]

the role is just not right for me

You need to be more specific about why "the role is just not right for me". If the work is in line with how it was originally described, I'd advise you to lump it for the sake of professionalism and repulation. There's no clause in the contract that says you have to enjoy it - you're being paid for it after all.

If the work is completely different and/or it requires skills outside your skillset, I'd suggest you have a chat with the client to highlight this. They'll probably appreciate your honesty and understand that you're not able to do the role justice.

[Archangel]

Approach the client. Obviously don't bill for the 2 (3 now?) days done, offer to just walk "and save everyones time, because this is not the role I accepted, and I can't do it"

[malvolio]

Hi there,

I'm a newbie contractor looking for some advice.

I've just started a new contract (I'm 2 days in) and the position is not what it was advertised. Obviously the money is fantastic but the role is just not right for me. I've just re-read my contract and it appears that I must give 28 days notice whereas the client can give 5 days notice if they wish. Anyway, I've been offered a different contract from another agency who want me to start within a week. I've looked into the new position/rate and it's great for me. The problem I'm now faced with is how I get out of this existing contract. I really don't want to work 28 days in a job that was incorrectly sold to me as something else - is there any way I can get out of my contract quicker without legal ramifications?

Thanks in advance for your time..... and I apologise if this has been answered already but I'm short on time at the moment so can't search through the previous posts.

Thanks again.

SP.

Short on time? Two days in? Pathetic...

You've signed a binding contract on typical business terms. You can leave by working your notice, just like it says and nobody can complain, that's rather the idea of a binding contract. Or you can break that contract and add to the list of contractors who ignore their legal and business requirements to chase some other apparently better pieve of work (hint: it probably isn't better anyway). Your call - but don't expect sympathy.

Next time, make sure you know what you're getting into. You won't want to do this trick again. Go talk to your boss, and expect to be out of the door with no pay at all around five minutes later.

[BrilloPad]

Hi there,

I'm a newbie contractor looking for some advice.

I've just started a new contract (I'm 2 days in) and the position is not what it was advertised. Obviously the money is fantastic but the role is just not right for me. I've just re-read my contract and it appears that I must give 28 days notice whereas the client can give 5 days notice if they wish. Anyway, I've been offered a different contract from another agency who want me to start within a week. I've looked into the new position/rate and it's great for me. The problem I'm now faced with is how I get out of this existing contract. I really don't want to work 28 days in a job that was incorrectly sold to me as something else - is there any way I can get out of my contract quicker without legal ramifications?

Thanks in advance for your time..... and I apologise if this has been answered already but I'm short on time at the moment so can't search through the previous posts.

Thanks again.

SP.

How about a death in the family making you unavailable? Or other extenuating personal circumstances.

They might smell a rat - and may threaten legal action. But it is unlikely to come to that.

Do you want to burn bridges though? Sometimes best to see these things out.

[QwertyBerty]

If the work is not what's specified in the contract, surely this is a breach of contract and you can walk away now?

QB.