Reply to: Contract Termination Help Please

[Wanderer]

It was not my intention to get everyone to start calling names.

Ahh don't mind the children, they are just bickering a bit today. They're generally pretty harmless.

Have you considered that you may be better off sticking it out in the 3 month job you've got, especially if it gets you security cleared as this appears to give people quite an advantage when applying for future security cleared jobs. Also understand that if you go annoying the people you are working for and you take on a future security cleared job then they will almost certainly talk to your current client.

What's the rate like in the new job, is is substantially higher than the existing one or is it that you're climbing the walls with boredom and want to do something useful that's giving you itchy feet?

[eek]

Unfortunately, this doesn't always work

I've witnessed first hand a situation like this and the punchee got terminated and the puncher got extended, seriously

I've seen that happen twice and in both cases it comes down to who is more useful or who is more liked.

In neither case was MF involved.

[psychocandy]

I am on a 3 month contract under my own ltd company (advised best course when I left military) going with the hunker down, smile and get on with whatever work comes my way until I have clearance and do a proper job attitude.

It was not my intention to get everyone to start calling names. Just a bit of honest advice, entered the contract world and while the money can be great the rest of the gumpf that comes with it can be very confusing for us ex-soldiers who are rather too rapidly approaching 50.

Again thanks to everyone that gave advice, I will take it all on-board and in future will RTFC (Read the F*$&£%g Contract).


Hope you all have a nice day.

One advantage - at least when the contract renewal comes up in 3 months they'll probably be quite keen to renew. After all they've just paid you for 3 months waiting for clearance to come through so they probably want some work out of you now.

Dont they still do a thing called BC as well? I remember when I started in Defence years ago, I was able to do most things on this basis until my SC came through a few months later?

[psychocandy]

You are wrong again. They could be paying to retain his services for when he get's clearance. That is different.

Anyway, the way I read the post is he is NOT getting paid and that is why he wants out. Could the OP clarrify?



If it was that unusual no one would have clearance. We should be cheering they are taking someone on without SC clearance as many people have been shouting about this for a long time. It is unusual as many agents are or close to breaking the law when advertising SC positions. I am surprised Mal didn't pick up on this one as this is a fave topic of his.



What makes you think that?

Good point. I just assumed he was getting paid.

If they're keeping him hanging until SC then its a bit off to be honest....

[scalyback]

Re-reading this one (and the posts over here), now I'm confused about what is going on.

Scalyback - are you on a fixed term contract (where you are akin to a permanent employee, with the client paying your NI and PAYE), or are you on a three month contract (either through an umbrella or your own Ltd)??

Without knowing what your circumstances are, any advice is going to be rubbish.

I am on a 3 month contract under my own ltd company (advised best course when I left military) going with the hunker down, smile and get on with whatever work comes my way until I have clearance and do a proper job attitude.

It was not my intention to get everyone to start calling names. Just a bit of honest advice, entered the contract world and while the money can be great the rest of the gumpf that comes with it can be very confusing for us ex-soldiers who are rather too rapidly approaching 50.

Again thanks to everyone that gave advice, I will take it all on-board and in future will RTFC (Read the F*$&£%g Contract).


Hope you all have a nice day.

[TheFaQQer]

Re-reading this one (and the posts over here), now I'm confused about what is going on.

Scalyback - are you on a fixed term contract (where you are akin to a permanent employee, with the client paying your NI and PAYE), or are you on a three month contract (either through an umbrella or your own Ltd)??

Without knowing what your circumstances are, any advice is going to be rubbish.

[northernladuk]

Well hello Mr Kettle...

Try reading what I posted for a change. Just a thought.

I pointed this out in the last line of my post.

[malvolio]

Man you can be a utter prick at times.

Well hello Mr Kettle...

Meanwhile back in reality. From the OP's later post it seems that what I suggested should be happening is actually what's happening; he's working, just not on stuff that requires clearance. The implication of the original - to my limited intellect at least - was that was being kept on hold which is why he was looking for other work.

Now it appears he is working, just not at anything too exciting or productive (hey, he should try my job...). Not quite the same situation, is it? So well done someone.

So where we are now is the old old story of a contractor getting into a job they don't like and wanting out when they've signed up for the duration. At which point I rather lose interest.

[scalyback]

So you're in contract but sat at home not being paid while waiting for your SC to come through before you're allowed to start? I'm guessing this is with a prime contractor, not an HMG department?

I should get hold of your line manager and ask why you can't either be put on the fast track for SC, or be given a dispensation to start work pending completion of clearance. He will need a very good reason not to do either unless there is some risk you won't get cleared. If they can provide informed oversight (i.e. you're not a sysadmin or comms guy) and/or keep you away from information you're not allowed to see, there's no reason you can't work on site, especially snce you once held DV. I mean. how well do these people know the sodding rules they are working with...

Contractually you're in a difficult position: the role is dependent on clearance but you have effectively started so you can't give notice. The only way out is for the client to terminate you by mutual agreement. But don't do that unless you are absolutely certain the other job is yours.

Up until July of this year I held DV clearance this has now lapsed, my new role has me sat at work doing "documentation" while waiting for my SC to come through, until then I am sat in a corner of the office not doing much really. There was no discussion about the "no notice" part of my contract.

[northernladuk]

Try reading what I posted for a change. Just a thought

Man you can be a utter dick at times.

Utterly pointless taking on uncleared people (even those with previous very high clearance) if you don't understand how to use them once they're in post. I was working at the current client for five months before the clearance came through

I was commenting to Psychobabble that you are always banging on about agents not taking on people non SC cleared and how PCG are working on it like here and that is why it is unusual to see people that are non SC cleared people being taken on for SC roles.

Now you are moaning about them not doing it properly once they have gotten over the first hurdle you were moaning about.

It was comment supporting the fact it is an issue close to your heart. Instead I get a load of your pretentious holier than though bulltulip. You really can be an arse when there is no need to be... And that is coming from me!!!!!!

[malvolio]

. We should be cheering they are taking someone on without SC clearance as many people have been shouting about this for a long time. It is unusual as many agents are or close to breaking the law when advertising SC positions. I am surprised Mal didn't pick up on this one as this is a fave topic of his.

Try reading what I posted for a change. Just a thought

Utterly pointless taking on uncleared people (even those with previous very high clearance) if you don't understand how to use them once they're in post. I was working at the current client for five months before the clearance came through

Which is one reason why I'm guessing this is some prime contractor's middle management cock up. Civil servants understand the rules, corporate SSOs usually don't.

[TheFaQQer]

Unfortunately, this doesn't always work

I've witnessed first hand a situation like this and the punchee got terminated and the puncher got extended, seriously

In that case, the client sounds ace to work for - I'm in

[Wobblyheed]

Get a "bad back" for the remainder of the contract

[TestMangler]

Your contract does not give you the right to terminate unless there has been a material breach, so here's some things that you could try instead.

1) Try to agree mutual termination. That would be your best bet in the circumstances.

2) If you are not contracted to deliver specific deliverables, then you might be able to leverage the MOO clause in the contract - you are not obligated to accept any work that they offer, and they are not obligated to offer any work. Essentially, turn down the work that they are offering until the end of the contract / they terminate the contract. I don't expect that the client would understand this, though.

3) Exercise your right of substitution and get someone else in to do the work that they have for you, until you get the clearance. When the client says that this isn't good enough, then they can remedy the situation by terminating the contract, which is your way out.

4) Punch someone at work. They will terminate the contract for you.

Unfortunately, this doesn't always work

I've witnessed first hand a situation like this and the punchee got terminated and the puncher got extended, seriously

[TheFaQQer]

Constructive comments most welcome.

Your contract does not give you the right to terminate unless there has been a material breach, so here's some things that you could try instead.

1) Try to agree mutual termination. That would be your best bet in the circumstances.

2) If you are not contracted to deliver specific deliverables, then you might be able to leverage the MOO clause in the contract - you are not obligated to accept any work that they offer, and they are not obligated to offer any work. Essentially, turn down the work that they are offering until the end of the contract / they terminate the contract. I don't expect that the client would understand this, though.

3) Exercise your right of substitution and get someone else in to do the work that they have for you, until you get the clearance. When the client says that this isn't good enough, then they can remedy the situation by terminating the contract, which is your way out.

4) Punch someone at work. They will terminate the contract for you.