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Previously on "How to leave a contract midway with no notice clause"

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  • jimjamuk
    replied
    Most of my contracts have the 0 notice now and to be honest with you you should just do your time and learn a lesson for the next one. These days I limit any 0 notice contracts to 3 months max but by the time you get yer head down and do some work renewal time comes round fairly quickly.

    From your info you signed up for a 6 monther and 1 month in you want out? The client might be nice a pie to your face but I expect you will be out the door one way or another now that ball is rolling and your name is going to be mud at that client and that agent isnt going to want to deal with you for a while at least. You will probably never run into these people again but its a smallish industry and it could happen. Good luck with that .....

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  • Taita
    replied
    Originally posted by Davidjames View Post
    Update on my situation: I've spoken to the agency, they were furious and spoke of litigation/reputation risk to both of us. I then spoke to the client directly and they were quite understanding and so far seem ok to the idea of a month's notice period given that I have little motivation to stay for 5 more months. The agency obviously is trying to protect it's margin so I expect a lot of pushback from them even if the client agrees...let's see what happens next. Will have some clarity this coming week, have set the cat amongst the pigeons now and need to sit back and be patient.
    ?it's? margin..... leave the apostrophes alone in future!

    Acquiescent client is happier to get rid of you than keep you, not surprisingly. Be grateful if you get paid for a month's 'notice' period.
    Last edited by Taita; 21 August 2013, 15:43. Reason: Typo

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  • Davidjames
    replied
    Update on my situation: I've spoken to the agency, they were furious and spoke of litigation/reputation risk to both of us. I then spoke to the client directly and they were quite understanding and so far seem ok to the idea of a month's notice period given that I have little motivation to stay for 5 more months. The agency obviously is trying to protect it's margin so I expect a lot of pushback from them even if the client agrees...let's see what happens next. Will have some clarity this coming week, have set the cat amongst the pigeons now and need to sit back and be patient.

    Leave a comment:


  • flipFlop
    replied
    Originally posted by Davidjames View Post
    Hi I'm on a 6 month contract with no notice period. The agency can give me 30 days notice while I can't. Is this totally legal? Is there a way to break the contract if/when I decide to leave? Thanks, David.
    You chose to sign this contract. You can certainly break the contract you signed... with hilarious results.

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  • jmo21
    replied
    Originally posted by northernladuk View Post
    A bit of fun but a serious undertone.

    If people like the OP can understand their situation and relationship with their clients then they will gain a much better understanding of their situation and how to act. This post I replied to being a perfect example. He is clearly thinking as a permie in both his terminology and his inability to understand his situation and use certain 'outs' that are available to him as a supplier to a client. If he knew what he is then he would understand that negotiation is first option and will resolve nearly all cases like this before any kind of legal action or handbags ensue. IR35 etc etc will also become a lot clear and less to worry about, if he is even aware of it.
    I know, I just like to needle you!

    I don't think there is that much wrong with his use of the word "sack" in this instance though.

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  • northernladuk
    replied
    Originally posted by jmo21 View Post
    Captain pedantic as usual!
    A bit of fun but a serious undertone.

    If people like the OP can understand their situation and relationship with their clients then they will gain a much better understanding of their situation and how to act. This post I replied to being a perfect example. He is clearly thinking as a permie in both his terminology and his inability to understand his situation and use certain 'outs' that are available to him as a supplier to a client. If he knew what he is then he would understand that negotiation is first option and will resolve nearly all cases like this before any kind of legal action or handbags ensue. IR35 etc etc will also become a lot clear and less to worry about, if he is even aware of it.

    Leave a comment:


  • cojak
    replied
    Originally posted by Eirikur View Post
    My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?
    I'd let them try - they saw you coming when that contract came out.

    Still, if you were daft enough not to get the contract reviewed and just meekly signed on the dotted line, you'll be daft enough to believe the agent.

    Leave a comment:


  • jmo21
    replied
    Originally posted by Eirikur View Post
    My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?
    not a fooking chance!!!

    Originally posted by northernladuk View Post
    Captain pedantic as usual!

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Eirikur View Post
    My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?
    Are you a contractor or an employee?

    Termination of employment - Wikipedia, the free encyclopedia

    Dismissal is where the employer chooses to require the employee to leave, generally for a reason which is the fault of the employee. The most common colloquial term for dismissal in America is "getting fired" whereas in Britain the term "getting the sack" or "getting sacked" is also used.

    Leave a comment:


  • Antman
    replied
    Oooaaawww They got you good!

    They could go after lost profits but they're in business to place people not go to court and the amount probably isn't worth it (no offence intended). So it's probably an empty threat in your contract, free advice from some stranger on the internet.

    If they do take you to court, be sure to keep us updated!

    Leave a comment:


  • Eirikur
    replied
    My current contract also doesn't allow me to give notice and it goes even further, if I do pull out or if the company I'm working for sacks me due to not performing, I have to pay the agency lost profit, has anyone ever had to deal with this situation?

    Leave a comment:


  • JoJoGabor
    replied
    My one experience of is type of contract turned out to be a terrible place to work with an idiotic team manager who wanted to control every contractor in every possible way. No contractor lasted more than 3 months regardless of the clause in the contract and toying happened. It was an attemp to make people stay. I said the risks of IR35 applying to my business were greater than the risk of the agency suing. The agent still contacts me about opportunities as she was fully aware of the dire situation onside, and after much arguing admitted she understood completely.

    Leave a comment:


  • Wanderer
    replied
    Originally posted by Davidjames View Post
    Hi I'm on a 6 month contract with no notice period. The agency can give me 30 days notice while I can't. Is this totally legal? Is there a way to break the contract if/when I decide to leave? Thanks, David.
    Generally you can just negotiate an amicable agreement and then leave.

    Have a talk to the client and find out what their expected notice period is. It's quite possible that they have one with the agency but the agency didn't pass this on to you. The agency will no doubt use the early termination as an excuse to withhold money it owes to you and my suspicion is that they offer these no notice contacts so they can make a bit of money if the contractor terminates early.

    If they try this stupid trick then stand up to them and force them to pay what they owe you.

    Also, let us know how you get on. This question gets asked quite a bit so it's good to have real world examples.

    Leave a comment:


  • kal
    replied
    Originally posted by Davidjames View Post
    Thanks everyone for their comments. Looks like I got myself stuck in a situation due to my own fault. There is a substitute clause in my contract, so let me try that route first. Legally it doesn't say what the penalties may be for breaking the contract but I guess the client or the agency can sue my limited company.
    Just do the 6 months and walk, i think its bad form to break contracts, if you've signed up for x days then do x days and don't renew...

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  • Davidjames
    replied
    Thanks everyone for their comments. Looks like I got myself stuck in a situation due to my own fault. There is a substitute clause in my contract, so let me try that route first. Legally it doesn't say what the penalties may be for breaking the contract but I guess the client or the agency can sue my limited company.

    Leave a comment:

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