Withdraw from a contract

[sunny69]

And make sure that you do send the fully qualified substitute otherwise you'll be in breach of contract anyway.

I don't think I have an option of sending a substitute unless he is as qualified as me which is very unlikely to find in this very short time.

Alternate is I have to go through the notice myself albeit reluctantly

[Lance]

And make sure that you do send the fully qualified substitute otherwise you'll be in breach of contract anyway.

It's a bluff.

I was working on the basis that agency wouldn't call the bluff and they'd refuse to accept the sub.
I cannot see an agency allowing someone the client didn't interview, to be on site for less than one month. The agency would get such a rollocking from the client.

[Lance]

I don't think I have an option of sending a substitute unless he is as qualified as me which is very unlikely to find in this very short time.

Alternate is I have to go through the notice myself albeit reluctantly

the agency would refuse.
You've already given notice. No sane agency would send an unknown person onsite, for less than a month, for a 5 month contract, no matter how suitable they are. You'll not need to find someone.

[sunny69]

He could yes else you'll be in breach. If he's a smart cookie he'll also know it's highly unlikely the new client will wait a month for you and is more likely to pull the offer in favour of someone else.

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

[Swamp Thing]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

If it is indeed your role then I think you're off the hook. Just don't expect the agency to tie it all off nicely for you, they will still be hopping mad.

[Lance]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

It doesn't change your position at all. You still have a contract. You have to play the game to its conclusion.
If they're re-advertising then they'll definitely refuse a substitute (unless they can bluff better than you).

Have you ever played poker?

[TheFaQQer]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

It just means that if you breach the contract they now have some losses to show for your breach which they can ask you to pay.

[pictavia]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

I wouldn't assume the matter is settled. This may be mitigation i.e. the agency taking steps to minimise loses as a result of the breach. If the agency has an exclusive on this contract, you may be ok if they find a suitable candidate. If another agency secures the business, your agency won't be happy.

Have you formally accepted the second contract? If not, I would offer to work the notice period on this one if applicable (do check the contract specifies a notice period - some don't). As the contract is for 5 months, it may be best for the client and agency to find someone else for the entire duration.

I hope it works out for you.

[northernladuk]

I just noticed they have advertised my position again in the market ...would that change my situation any? i.e would they still want (insist) me to come?

What do you expect them to do? Nothing and end up with no one?"Gotta use some common.

[northernladuk]

I don't think I have an option of sending a substitute unless he is as qualified as me which is very unlikely to find in this very short time.

Alternate is I have to go through the notice myself albeit reluctantly

So you've not had your contract checked to make sure it's outside IR35 either??