Cancelling contract before start date

[northernladuk]

Thanks for all your replies.

The contract does allow for substitutes so I think this would be a good option. Now all I have to do is find a suitable substitute.

If either the agency or the client were to reject any potential substitute, provided the substitute is qualified to do the job, would they be in breach of contract or would I have to search for another substitute to put forward?

Did you get the contract reviewed by the likes of QDOS. Many contracts fail on the sub clause because it gives the client to refuse the new sub for no reason. Really depends on the wording.

[LondonManc]

Thanks for all your replies.

The contract does allow for substitutes so I think this would be a good option. Now all I have to do is find a suitable substitute.

If either the agency or the client were to reject any potential substitute, provided the substitute is qualified to do the job, would they be in breach of contract or would I have to search for another substitute to put forward?

If there's a right of substitution that is backed by you and you bear the full costs of the substitute being unable to fulfil the contract and carry out the work stated in it, then you will be fine.

Hopefully someone with experience of this will chip in.

[WTFH]

Did you sign before you were aware of the delayed start?

[Mister Clark]

Thanks for all your replies.

The contract does allow for substitutes so I think this would be a good option. Now all I have to do is find a suitable substitute.

If either the agency or the client were to reject any potential substitute, provided the substitute is qualified to do the job, would they be in breach of contract or would I have to search for another substitute to put forward?

Check the contract, but, I would be surprised if there wasn't a clause if there stating they can veto/reject a substitute if they so wish.
If they do reject your sub both parties have fulfilled their respective obligations = no break in contract and you both walk away.

As always though, the devil is in the detail and the detail is your contract.

[al112]

Thanks for all your replies.

The contract does allow for substitutes so I think this would be a good option. Now all I have to do is find a suitable substitute.

If either the agency or the client were to reject any potential substitute, provided the substitute is qualified to do the job, would they be in breach of contract or would I have to search for another substitute to put forward?

[LondonManc]

Or any other form of trunking really

Sorry .....
Anywho I agree with Mudskipper if that is the entire wording taken in the correct context.

There was me hoping for a Resistance Fall of Man reference.

Ah well.

Offering a sub would be good for IR35 (plus you can bin your sub off if the new gig goes pear-shaped).

[DallasDad]

You could make a few quid acting as a conduit

Or any other form of trunking really

Sorry .....
Anywho I agree with Mudskipper if that is the entire wording taken in the correct context.

[LondonManc]

Any right of substitution?

You could make a few quid acting as a conduit

[al112]

What's your notice period? If it's less than the time to the start of the contract, I'd say you're sorted if you give notice.

The notice period is a bit of a wierd one and not specific at all. They have to give me 3 weeks notice but my notice won't take effect until my obligations, as per the schedule of work, are completed. The schedule of work is simply to provide development services. I did try to negotiate a detailed schedule of work but it was rejected.

[mudskipper]

... a clause stating that the contract is only valid between the start and end dates.

It may depend on other clauses too, but I would think that covers you.

[FrontEnder]

I'm a regular visitor to these forums and I've always found the answers to my queries through existing posts. However, I'm not able to find the answer to a particular problem that I'm facing.

I went for a role which I thought was an immediate start, only to be told that the start date had to be pushed back by over a month. At the time, I thought it was a good opportunity to get a holiday in before I am due to start so I accepted it and signed the contract. Soon after accepting this role, another role came up which was a month long in duration. I put the holiday plans on hold and took this additional role to minimise my time out.

The issue now is that the one month role I'm currently on will be extended and it looks to be a long term role judging by the work there is to do. I wanted to know what happens with the other contract I signed? Can I back out of it anytime before the start date? I've been in situations where I've signed a contract with an agency only for it to be cancelled last minute. There is nothing specific in the contract, only a clause stating that the contract is only valid between the start and end dates.

My preference would be to remain with the current client I'm currently with.

Thanks in advance for any help!

What's your notice period? If it's less than the time to the start of the contract, I'd say you're sorted if you give notice.

[al112]

I'm a regular visitor to these forums and I've always found the answers to my queries through existing posts. However, I'm not able to find the answer to a particular problem that I'm facing.

I went for a role which I thought was an immediate start, only to be told that the start date had to be pushed back by over a month. At the time, I thought it was a good opportunity to get a holiday in before I am due to start so I accepted it and signed the contract. Soon after accepting this role, another role came up which was a month long in duration. I put the holiday plans on hold and took this additional role to minimise my time out.

The issue now is that the one month role I'm currently on will be extended and it looks to be a long term role judging by the work there is to do. I wanted to know what happens with the other contract I signed? Can I back out of it anytime before the start date? I've been in situations where I've signed a contract with an agency only for it to be cancelled last minute. There is nothing specific in the contract, only a clause stating that the contract is only valid between the start and end dates.

My preference would be to remain with the current client I'm currently with.

Thanks in advance for any help!