Reply to: Old Contract / New Contract overlapping

[Wobblyheed]

I was once finished on a Friday with no notice by client (but there was 4 week notice in the contract). The client agreed to pay me 3 weeks for the notice period and I started a new gig on the Monday. Boom.....3 weeks of double invoicing ...back of the net!

[sal]

My previous contract and my current one overlapped for 2 weeks. It was the tail end of the project with little more than a couple of hand over meetings/calls left to do. Hardly any need to be onsite, even then both were in Canary wharf.

Had a chat with the hiring managers in both ClientCos and they were both fine to run them in parallel as long as I can keep up with all the work.

Pulled some 10-12h work days, some hopping between the 2 offices, but ultimately both ClientCos were happy and I got to invoice double.

[Old Greg]

Indeed I could, especially for outside IR35 contracts. But as you may or may not know, not a lot of clients (in particular big investment banks, corporate enterprises etc...) allow subs due to the fact each contractor needs to be heaviliy vetted prior on taking the role (for security, compliance reasons). And those vetting takes a long time! Plus the client's system probably have tailored setup for that contractor to work...

So it's not as easy as just sending your mate to replace you for a day or two.

.. Even though my contract with the agency says I could!

This is the point. Put the agent in a difficult contractual position by insisting on your company's right to send a sub, and then compromise by agreeing that you will leave without notice without sending a sub.

[Snooky]

Indeed I could, especially for outside IR35 contracts. But as you may or may not know, not a lot of clients (in particular big investment banks, corporate enterprises etc...) allow subs due to the fact each contractor needs to be heaviliy vetted prior on taking the role (for security, compliance reasons). And those vetting takes a long time! Plus the client's system probably have tailored setup for that contractor to work...

So it's not as easy as just sending your mate to replace you for a day or two.

.. Even though my contract with the agency says I could!

I think what was meant was: you say you won't be available for the next 4 weeks so you'd like to provide a substitute as your contract allows; the client says no, you say oh well I'm sorry to hear that, unfortunately I won't be here. And you've done everything completely in line with the contract, you've offered the client the option to have continued cover etc. The fact they refused is not your problem.

This is assuming that (a) you have a fairly unfettered right of substitution in your contract and (b) they don't call your bluff and ask you to send the sub

[BritishLad88]

The OP could also insist on their right to send a sub, and then negotiate to a position where the notice period is not worked.

Indeed I could, especially for outside IR35 contracts. But as you may or may not know, not a lot of clients (in particular big investment banks, corporate enterprises etc...) allow subs due to the fact each contractor needs to be heaviliy vetted prior on taking the role (for security, compliance reasons). And those vetting takes a long time! Plus the client's system probably have tailored setup for that contractor to work...

So it's not as easy as just sending your mate to replace you for a day or two.

.. Even though my contract with the agency says I could!

[Old Greg]

The OP could also insist on their right to send a sub, and then negotiate to a position where the notice period is not worked.

[Old Greg]

Probably because clients can invoke that same "notice period" and not have you work it?

Much as it pains me to agree with you, many contractor / agency contracts are written so that the contract dates are a time period within which work may be offered and if it is offered, the contractor Ltd company may supply services, and if those services are supplied, they will be paid for.

[Old Greg]

What does the contract say about availability for delivering services (holidays etc.)?

You could advise the agency you won't be available to deliver services for the next four weeks and then give notice to terminate the contract. Not a great way to make friends but sometimes needs must.

[billybiro]

Why would you think its legal to have a notice period in which you serve and then don't work?

Probably because clients can invoke that same "notice period" and not have you work it?

[Eirikur]

Just work two contracts at the same time. As long as you don't have to be on site 5 days per week it's perfectly doable

[Lance]

Really? How?

by thinking you have to stop at one place before you start at another.

Yeah that's what I'm exploring at, seeing possible to start new one now and offer a managed handover if required. But work dictates I need to be in client's premise to do the work/access the work related stuff. If only I can be in 2 places at same time.

Work from home.... The you don't need to be in two places. Who needs who the most? If either put their foot down and refuse to let you deliver in the way you want, then they're the client that doesn't get you for as long.

[BritishLad88]

You're thinking like permie not like a business

Really? How?

Start the new one now, but fitting it in around current commitments.
Hand notice in on current, and offer a managed handover alongside other commitments.

Yeah that's what I'm exploring at, seeing possible to start new one now and offer a managed handover if required. But work dictates I need to be in client's premise to do the work/access the work related stuff. If only I can be in 2 places at same time.

[BritishLad88]

Legal? No.

People do it anyhow and I haven't heard of anyone getting sued for going MIA on their contract (I doubt it's worth their time and money). Though you'd definitely burn bridges and get a bad reputation.

Yeah i think i get the jist now; legally wise not but people just do it anyhow.

[BritishLad88]

Why would you think its legal to have a notice period in which you serve and then don't work

Mainly because what i've seen happened in the past. Before I was a contractor, I used work for a consultancy where they hire tons of contractors. It was common for contractors to hand in their notice (2 weeks notice for that company) and then take a lot of days off work (they just didnt come in) during notice period (2 -3 days, a week, even the full 2 week), and that company accepted it.

What's better about the new gig that you are giving notice to your old one. Why did you not make them aware you had a notice period in your old gig?

better work hence i was looking in the first place. I did make them aware.

[BlasterBates]

Just because they're demanding you start immediately doesn't mean it's a deal breaker. I would think it would be unlikely there will be an alternative contractor who will be immediately available. Most contractors will have to work their notice periods. I suspect also they'll be recruiting more than one developer, and they're simply trying to get recruits to come on board earlier.