Reply to: Cooling off period??

[IT Monkey]

To wrap this up in case someone stumbles across this in future, being honest and upfront with the client made this so much easier. They understood, as they hadn't got me involved with anything I wasn't leaving them in the lurch. They asked me just to finish there and then as an additional 7 days notice period wouldn't benefit them and only cost them money - which I happily agreed to. Once the client was happy I called the agency who appreciated that I'd dealt with the client directly and was basically being upfront and honest about the whole thing. No burnt bridges and clear conscience which I'm very happy about. Final icing on the cake was the new gig wanted me asap so changed the start date meaning no lost earnings for yours truly.

Anyway I wanted to say thanks for (and echo) the advice in this thread. Upfront and honest is the best way!

[SeanT]

Really? How can you decide after 1 day? I've had a few contracts that started off a bit rubbish but improved. Were you offered something closer to home?
I'm not overly enjoying the place I'm working at due to really not doing the work I thought I would and also it's a lot more expensive to stay close by than I thought, but that's my fault. People are all good to work with however. I'll be seeing out the next 5 months as is fair to do but must admit when I saw 4 contracts come up within 40 miles of my home (one a 20min walk) I was tempted to go for them but didnt.

There's imposter syndrome which you get used to after a while, and then there's "OMG what I have I done". I left one perm role because they completely refused to take IT security seriously, literally found unauthenticated fileshares / NAS boxes with a lovely blend of customer information (including enough personal financial information to attack these people or people working on their behalf) and ransomware on them within the first week, massive deal breaker for me - but I still found another one first!

[Brummie]

Really? How can you decide after 1 day? I've had a few contracts that started off a bit rubbish but improved. Were you offered something closer to home?
I'm not overly enjoying the place I'm working at due to really not doing the work I thought I would and also it's a lot more expensive to stay close by than I thought, but that's my fault. People are all good to work with however. I'll be seeing out the next 5 months as is fair to do but must admit when I saw 4 contracts come up within 40 miles of my home (one a 20min walk) I was tempted to go for them but didnt.

It was inside IR35, away from home. I shouldn't have accepted it in the first place, but being without work I felt I should take. Having taken it, I realised that cost of accommodation was about £70 minimum per day + food + weekly travelling didn't add up well.

Although I don't have anything at the moment, closer to home, I am confident that something will come up which will work out the same or better. I felt a great relief when I was out of that building. Probably the feeling of having replaced a stupid decision with another :-) only time can tell.

But I must say that the client made the right decision by letting me go, instead of paying me for two weeks for doing nothing.

[SuperZ]

I have just done that couple of hours ago. Started yesterday and finished today morning by 09.00. Requested the client to forego my two weeks notice. Client was happy to accept.

Really? How can you decide after 1 day? I've had a few contracts that started off a bit rubbish but improved. Were you offered something closer to home?
I'm not overly enjoying the place I'm working at due to really not doing the work I thought I would and also it's a lot more expensive to stay close by than I thought, but that's my fault. People are all good to work with however. I'll be seeing out the next 5 months as is fair to do but must admit when I saw 4 contracts come up within 40 miles of my home (one a 20min walk) I was tempted to go for them but didnt.

[SlipTheJab]

I have just done that couple of hours ago. Started yesterday and finished today morning by 09.00. Requested the client to forego my two weeks notice. Client was happy to accept.

Nice, sorted.

[BrilloPad]

Playing devils advocate here - if the client/agency really wanted to kick off (which is within their rights) they could take my company to court for breach of contract. What liability would there be against me personally if that were to happen? Purely out of interest, that would absolutely be a worst case scenario.

That would depend what the contract says!

It is likely to be limited to the rate for the time you have missed. So 8 days at £400 a day would be £3200. Assuming you resign now and have 8 days left.

It will never get that far.

[BrilloPad]

When I sign a contract for services (Sky, whatever, etc.) I have a 14 day cooling off period where I can cancel without consequence - does this same cooling off period apply to my IT contract?

Basically I've been on my new gig for 3 days and it's horrible, just a terrible environment plus I've had a lucrative offer elsewhere. Normally I'd see any contact through until the very end, however in this case I would make an exception of at all possible. The issue is my contract basically doesn't allow me to hand in my notice all at, this I knew when I signed, but my question is whether I'm able to cancel or get out of the contact via any other means (cool off period mentioned above, etc.)?

Thanks

Assuming you are a director, you are assumed to have taken legal advice.

Personally I would give notice then tell them you are sick.

[IT Monkey]

Cheers for the responses guys. As for signing a contract with no notice period on my side, yes agreed is daft but then when you need the cash it's hard to know how far to push your luck in negotiations - sods law a much better offer came along a days later.

I agree 100% the best approach is be direct with the client first and foremost.

Playing devils advocate here - if the client/agency really wanted to kick off (which is within their rights) they could take my company to court for breach of contract. What liability would there be against me personally if that were to happen? Purely out of interest, that would absolutely be a worst case scenario.

[Brummie]

Man up, have a word, say its not working out and agree to not bill and walk, no (sane) client wants to be paying hundreds of pounds a day to someone that doesn't want to be there.

I have just done that couple of hours ago. Started yesterday and finished today morning by 09.00. Requested the client to forego my two weeks notice. Client was happy to accept.

[MrMarkyMark]

I had one very similar actually, a total silo type nightmare in an Investment Bank Front Office Reporting Role run by 1 ex TCS and one TCS.
The TCS guy was as bitter as they come as he was working for very little money, a total back stabber.

The way they had set things up technically was worse than feckin' terrible as was the way work was allocated.

I wanted to leave after 3 days, they managed to persuade me to stay .
I ignored their bully boy tactics and they then moved on to bully a new contractor, expecting him to do a lot of work for free.

They asked me to extend after 3 months, I politely declined and moved on.

[ContractorScum]

Do you have right to substitute?

[SlipTheJab]

Man up, have a word, say its not working out and agree to not bill and walk, no (sane) client wants to be paying hundreds of pounds a day to someone that doesn't want to be there. Oh and next time make sure you have a notice period

[northernladuk]

Someone needs to understand what is B2B and B2C

[SuperZ]

Why on earth would you think there might be some kind of cooling off period? You're providing a service not buying/using one for a start and it's a professional business contract.
You signed up to it, you have to either see it through or inform everyone don't want to continue and pay the consequences whatever that might be, such as the commission the agency would earn for the length of the contract which to be honest would be quite reasonable given what you signed.

It's all nice getting a contract and signing up thinking you have x amount of work not caring about the terms.....until you find yourself in this situation.

[fatJock]

Why on earth did you sign a contract with no notice/termination clause?