Termination Period

[kamikz]

Hi, have been browsing these forums for a few months and finally getting round to posting.

I'm currently in contract but for personal reasons need to leave it after this week, I spoke to the client yesterday and they are ok with this, the client told the agent last night about this and I have been trying to get hold of the agent today but can't so far. But, I have received a legal notice from the agent saying if I leave early the will pursue me for costs at my daily rate for the notice period that I don't work for (which is 4 weeks, so less this week would be 3 weeks worth).

I wouldn't normally leave a contract prior to completing, but in this case I don't have a choice.

So whats the best way around this? I'm thinking along the lines of giving them the 4 weeks notice that I'm terminating the contract and then phoning in to the client sick as from next week, would I get away with this or would they deem me to have terminated the contract then and still try and get me?

Thanks for any help.

[Fat Dave]

Even if enforceable, they would not be entitled to your full daily rate. Their entitlement would extend to their expected profit only. They would have to take you to court to get it.

Worth a quick call to a solicitor to get the correct wording to use in your response.

[pmeswani]

Hi, have been browsing these forums for a few months and finally getting round to posting.

I'm currently in contract but for personal reasons need to leave it after this week, I spoke to the client yesterday and they are ok with this, the client told the agent last night about this and I have been trying to get hold of the agent today but can't so far. But, I have received a legal notice from the agent saying if I leave early the will pursue me for costs at my daily rate for the notice period that I don't work for (which is 4 weeks, so less this week would be 3 weeks worth).

I wouldn't normally leave a contract prior to completing, but in this case I don't have a choice.

So whats the best way around this? I'm thinking along the lines of giving them the 4 weeks notice that I'm terminating the contract and then phoning in to the client sick as from next week, would I get away with this or would they deem me to have terminated the contract then and still try and get me?

Thanks for any help.

Do you have a Substitution Clause in your contract?

[BrilloPad]

Hi, have been browsing these forums for a few months and finally getting round to posting.

I'm currently in contract but for personal reasons need to leave it after this week, I spoke to the client yesterday and they are ok with this, the client told the agent last night about this and I have been trying to get hold of the agent today but can't so far. But, I have received a legal notice from the agent saying if I leave early the will pursue me for costs at my daily rate for the notice period that I don't work for (which is 4 weeks, so less this week would be 3 weeks worth).

I wouldn't normally leave a contract prior to completing, but in this case I don't have a choice.

So whats the best way around this? I'm thinking along the lines of giving them the 4 weeks notice that I'm terminating the contract and then phoning in to the client sick as from next week, would I get away with this or would they deem me to have terminated the contract then and still try and get me?

Thanks for any help.

Personally I would keep end date the same and take last 3 weeks as holiday. Is there a clause in the contract obliging clientco to provide you with work?

[Hex]

Yes - give your full 4 weeks notice on the contract to the agent. Agree with the client that you will only work 1 week and don't go in for the 3 following weeks. Unless your contract says you must turn up for work every day (and if it did it would be very bad IR35-wise) then the agent won't be able to do anything.

Alternatively call their bluff. If they did take you to court you could argue that they have not lost any fees as you weren't going to work those weeks anyway, even if you didn't end the contract. Again, this relies on the fact that your contract does not insist that you turn up for work every day. If it does, then you're in a much weaker position.

[kamikz]

Thanks for all the replies.

Yes - give your full 4 weeks notice on the contract to the agent. Agree with the client that you will only work 1 week and don't go in for the 3 following weeks. Unless your contract says you must turn up for work every day (and if it did it would be very bad IR35-wise) then the agent won't be able to do anything.

I think this is the path I'll be going down...although I might see if the client will agree to let me work about 8-10 hours a week instead as they don't want me to leave but understand why I need to, so in my mind this is good for both me and the client with the added bonus that the agency can't then start throwing wobblies.

And no, there's nothing in the contract about me having to work every day. There is also a substitute clause in there, but in reality by the time I could get a substitute arranged and with the project in the final stages I just don't think it'd work.

[Hex]

8-10 hours sounds like a good idea if you can get it agreed. Everyone wins.