Breaking contract / Quitting

[theroyale]

One and a half months in to a six monther i find that my new contract is a dud - high level of control (working practices well within IR35), rude bossy manager who seems to not understand the difference between employees and contractors, and boring work.

Another opportunity is coming up for which I am interviewing tomorrow.

What is the best way of breaking contract? What are the possible consequences? There is a one month notice clause on this one. If the new gig comes through the most notice I will be able to get away with is about 2 weeks. Thanks.

[northernladuk]

Tell them you are invoking your notice as per the contract and your last day will be today+ 1 month.

Delay the new gig until notice is complete. Getting your contract checked etc.

You could negotiate with you existing client to let you go early but it sounds like that might not wash. If you breach contract its likely you won't get you last lot of money you invoiced for and lots of threats of legal action etc.

Stick your notice in ASAP and hope they walk you there and then.

[InspiredByDope]

Sounds like the one up in Sheffield

[psychocandy]

One and a half months in to a six monther i find that my new contract is a dud - high level of control (working practices well within IR35), rude bossy manager who seems to not understand the difference between employees and contractors, and boring work.

Another opportunity is coming up for which I am interviewing tomorrow.

What is the best way of breaking contract? What are the possible consequences? There is a one month notice clause on this one. If the new gig comes through the most notice I will be able to get away with is about 2 weeks. Thanks.

Will new gig only wait two weeks? Chances are if they've deffo 2 then you can stretch this a bit. After all, if they decide they want you and theres a 'delay' then even though they might be miffed they arent going to get anyone quicker if you drag it out another week or two.

As for current client, give notice then ask to leave earlier. Chances are since you've not been there long they might agree.

If not and its a month and you get the new gig and they wont wait then well....... its up to you....

[TheFaQQer]

What is the best way of breaking contract?

If you're going to break the contract, just do it quickly and cleanly and hope for the best.

If you're going to end the contract without breaking it, then read the contract carefully and see what you need to do to terminate without breach.

What are the possible consequences?

Possible consequences of breach of contract

[ChimpMaster]

Sounds like the one up in Sheffield

Wow it must be grim up North if there's only one contract up there.

[Yonmons]

Ive always said that in 16yrs of contracting Ive never seen a contractor that "wanted to go" not come up with a good excuse and go, no matter what the contract says. I try never to accept contracts with a months notice, my present one required 2 weeks which was pushing it for me.

[Ketto]

If you're not happy then they are also probably aware that things are not going well. It's do-able to get someone else in within two weeks so may be worth trying to negotiate a shorter notice period on the basis that it isn't working out for either party. Always best to leave on good terms, i left a contract on bad terms (mostly of my making tbh) once 6 years ago and it has come back to bite me on two separate occassions (one a few months ago). Leaving under a cloud can rule out going back to that client, but also to other clients when the manger(s) eventually move on themselves.

[theroyale]

Thanks for all the replies.

Do people recommend breaking the news to the agent, or to the client?

From what I know the agent has a long-term, exclusive relationship with the client (dunno if that makes any difference here).

Will new gig only wait two weeks?

I understand that at the new gig I will be replacing a leaver (who is leaving a bit suddenly) - so I don't know how much longer I can stretch. There is a one-week handover from the leaver.

My plan is to wait till the last possible minute - last stages of final interview which is next week - to bring up start date.

If you're going to end the contract without breaking it, then read the contract carefully and see what you need to do to terminate without breach.

How is it possible to end the contract without breaking?

If you breach contract its likely you won't get you last lot of money you invoiced for and lots of threats of legal action etc.

Money is paid out weekly so I won't lose much. Does anyone have experience of these legal threats? Are they normally carried through (assuming we don't part on a decent note) ? Will they look to me to pay some money as compensation?

[theroyale]

Ive always said that in 16yrs of contracting Ive never seen a contractor that "wanted to go" not come up with a good excuse and go, no matter what the contract says. I try never to accept contracts with a months notice, my present one required 2 weeks which was pushing it for me.

Lesson learned...!