Confused and would like advice

[freshblue]

The Brolly couldn't give a toss, but should the agent decide to not pay you because you broke the contract, the brolly won't help you get your money.
tim

Not entirely true as the contract between Employee (contractor) and Employer(Brolly) could be seen as a true contract of employment and thus the employee should be paid regardless. WIll depend on how the Brolly has worded it and imo some of them have been quite helpful chasing late payments.

I agree that if you are using a "brolly" to run a limited company then they have less risk and thus less likely to chase.

[DaveB]

How about coming at it from the other way, so to speak.

Do you have a definate start date for the permie job? If so talk to your permie contact and ask if you can delay your start date by 8 weeks or so.

If you dont have a definate date then talk to them and push for one, explain the circumstances and that financially you will have to take the 3 month gig if you cant start within say 4 weeks.

If the clearance thing is holding the proceedings it may well be 3 months before it's sorted anyway. Deep vetting can take up to 6 months to complete in any case so you could have a while to wait yet.

[tim123]

If I cant force a notice period out of the pimp can I use the substitute thing to get out of the contract or do I suddenly start becoming a bad worker and how to umbrella companies react to you breaking contracts?

The Brolly couldn't give a toss, but should the agent decide to not pay you because you broke the contract, the brolly won't help you get your money.

If you can't get a contract that matches your needs, you may find that you don't get paid at all for your time.

tim

[freshblue]

You also need to check the brolly terms you have signed up to, whilst there will be no lock in to them I would be surprised if there is no "mutuality of obligation" clause where you are bound by the Agency terms on the brolly. Agencies would get very fed up with brollies if we all walked away without serving the contractual notice etc.

[ASB]

Even if he doesn't send one, you were the last one to move so your terms apply.

Generally yes, but that could be marginal. Most contracts contain a clause along the lines of "unless countermandered in writing". You may think that the agent emailed acceptance would do. There are two issues with this:-

1) Does the email constitute acceptance - this could be open to some legal debate in court.

2) Is the individual agent duly authorised to vary the terms anyway.

It is not uncommon for the latter to cause problems.

For the OP to sign a contract with no notice period and anticipate walking in a month is foolhardy indeed.

[malvolio]

Sending a sub is the best answer, if you can get hold of one and if the client accepts it (and it gets you out of IR35 immediately ).

Nobody likes contractors who don't complete contracts.

There is only one other route. Email the pimp accepting the gig on the clear understanding that he agrees you can terminate early without penalty. Save a copy of the original and his acceptance. Even if he doesn't send one, you were the last one to move so your terms apply. Then if it all goes tits up, you can blame the agency.

[Mork]

Thanks all

No I dont believe them, thats why I am on here, but I have kept confirming phone conversations over email to make sure there is some record that they knew my situation.

Normally I would not do this at all but bank balance is telling me I cant.

If I cant force a notice period out of the pimp can I use the substitute thing to get out of the contract or do I suddenly start becoming a bad worker and how to umbrella companies react to you breaking contracts?

[expat]

The agency know my situation but still want me to sign the full three month contract but I cant see a get out clause, although they keep informing me that it wont be a problem.

And you believe them?

[malvolio]

So you happily sign a binding contract that is for three months with the clear intention of leaving after one? In which case, why not sign for one month - except it probably wouldn't be offered, of course. And if the pimp is so adamant there isn't a problem with an early termination, why hasn't he put it a one-week notice period, do you suppose? Perhaps becuase (again) the client wouldn't wear it and oh look, no commission for Mr Honest Agent.

Yeah, I get the logic. It doesn't make it right. Not my money and not my reputation - but there are more elegant ways of solving this one, like talking to the client and not just pretending dumb ignorance.

[Chico]

mal, most contracts have a notice period either way and the end client has the right to end a contract early so should the contractor. The operative word being a notice period. Mork mentions being under financial pressure, and needs to start earning pronto.. I imagine if he/she could afford to take a holiday there would not be a problem as it would just be a question of holding out for the permy role.

[malvolio]

Thank you Chico, nice to know ethics are alive and well...

Mork - suppose you asked the end client about taking a taking a three month gig but fully intended leaving before the end. I suspect the offer would be withdrawn rather quickly...

There is no pretty answer - either you are there to deliver a single deliverable, in which case you should contract to do that for a fixed fee, or you should be looking for renewable one-month contracts - but then the offer would probably be withdrawn as well. The agent knows that, he just wants his sale and to hell with the client (and your reputation, come to that).

Your call, but if you're certian the perm role is coming up, I would just take another few weeks holiday.

[Chico]

The number one objective of contracting is to make as much more money in as little time as possible. Personally I would take the contract and make sure that there is a notice period in there say 5 days. That way when this Permy job comes through you would then hand in your notice. Thats what I would do.

[Mork]

Hi Guys

I have been offered a 3 month contract for job when I had been expecting a 1 month contract however i am hope to start a permie job in the new year (had offer since Nov. dependant on security clearance). The agency know my situation but still want me to sign the full three month contract but I cant see a get out clause, although they keep informing me that it wont be a problem.

is it possible to get out of the contract before the full term? have tried to get them (agency) to give a one month rolling contract but they arent keen on that.

I know this isnt the right thing to do vis a vis the client as they dont know the scenario but financially I am scraping the barrel and really could do with the money (I have always been a permie, so dont have any major reserves)

I also assume Orange Genie would be the best for umbrella company as there are no lock ins, but if you dont complete your full contract term is there are problem with the umbrella companies?

Thanks for your help and apologise if this post makes me sound like a totally unethical person, normally i would say no to the 3 month contract but I do need the money for basics like rent and food and also I have a voice in my head saying there's a chance the perm job may still fall through.......