Umbrella contractor breaking the contract.

[kin]

Hi
I am working as a contractor (inside IR35) through an umbrella.
The assignment explicitly says "Must finish the assignment" and cannot server the notice period before the end of the assignment.

I am looking to leave the assignment and gave a month notice to the Company,Agency and Umbrella.

My Company manager told me that they can't release me before the assignment.

What are my options or future consequence if I leave the company when my notice period finishes, even after the company not agreeing to release me.

Thanks

[hobnob]

Does your contract actually have a notice period? I.e. does it mention "1 month" or does it just say "Must finish the assignment"?

[kin]

Does your contract actually have a notice period? I.e. does it mention "1 month" or does it just say "Must finish the assignment"?

It says "Must finish the assignment".

[b0redom]

It will also likely say that they won't pay you for time not worked and something about availability. You can just not be available for work until the end of the contract whilst the contract is in place.

Giant tried this on with me too after they were publically cyber attacked and out of commission for some time, but they caved. Depends on how hard nosed you want to be and whether it's the client or umbrella who are insisting on the no notice I guess.

[cojak]

Hi
I am working as a contractor (inside IR35) through an umbrella.
The assignment explicitly says "Must finish the assignment" and cannot server the notice period before the end of the assignment.

I am looking to leave the assignment and gave a month notice to the Company,Agency and Umbrella.

My Company manager told me that they can't release me before the assignment.

What are my options or future consequence if I leave the company when my notice period finishes, even after the company not agreeing to release me.

Thanks

They could sue you. My only advice is that you explain to the agent why you have to leave; family emergencies or personal illness do crop up, and you might be able to negotiate your way out of it.

Since this is situation is very new to everyone, I’m not sure that we are best placed to advise on employment law - outside contracts very rarely have this kind of onerous condition and we would have advised that you didn’t sign it if you weren’t sure that you were going to complete the contract.

[eek]

It says "Must finish the assignment".

What piece of paper says what?

We have multiple moving pieces here

1) you employment contract with the umbrella
2) your assignment agreement with the umbrella and the agency
3) what the actual agreement is - remember that Barclay's (picking 1 end client we know does this) offers a contract with different notice periods (little on their side, no notice allowed on the contractors side so a 9 month contract means you have to stay all 9 months)...

so it's hard to offer advice without a more detailed explanation of what every piece of paper says and who knows and has said what.,..

[cojak]

It will also likely say that they won't pay you for time not worked and something about availability. You can just not be available for work until the end of the contract whilst the contract is in place.

Giant tried this on with me too after they were publically cyber attacked and out of commission for some time, but they caved. Depends on how hard nosed you want to be and whether it's the client or umbrella who are insisting on the no notice I guess.

Yep, absolutely depends on who is enforcing it.

[kin]

What piece of paper says what?

We have multiple moving pieces here

1) you employment contract with the umbrella
2) your assignment agreement with the umbrella and the agency
3) what the actual agreement is - remember that Barclay's (picking 1 end client we know does this) offers a contract with different notice periods (little on their side, no notice allowed on the contractors side so a 9 month contract means you have to stay all 9 months)...

so it's hard to offer advice without a more detailed explanation of what every piece of paper says and who knows and has said what.,..

This is on the assignment agreement with umbrella and agency.

[eek]

This is on the assignment agreement with umbrella and agency.

And who is the company manager you referred to earlier - end client, agency or umbrella?

[kin]

And who is the company manager you referred to earlier - end client, agency or umbrella?

End Client.