Old Contract / New Contract overlapping Old Contract / New Contract overlapping
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  1. #1

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    Question Old Contract / New Contract overlapping

    My current contract has 4 weeks notice. But my new contract client wants me to start ASAP as they urgent need of me getting in & doing a job for them.

    Is it possible that I hand in my 4 notice now (starting from next week Monday) & not turning up for the notice period (i'd just lose my day pay for this client) but start going to my new contract place within this 4 week window?

    Is it legal to do so?

    I was thinking it is possible as a contractor you basically are a Freelancer so can take any amount of gigs right? After all, we all want to be outside ir35...
    Or is that different? So wasn't sure so hence asking here..

  2. #2

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    No. You'd be in breach of contract which could open you up to being sued for the agents lost revenue and costs to replace you. If it affects the clients business they could pile in as well.

    Why would you think its legal to have a notice period in which you serve and then don't work?

    What's better about the new gig that you are giving notice to your old one. Why did you not make them aware you had a notice period in your old gig?
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  3. #3

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    Quote Originally Posted by BritishLad88 View Post
    My current contract has 4 weeks notice. But my new contract client wants me to start ASAP as they urgent need of me getting in & doing a job for them.

    Is it possible that I hand in my 4 notice now (starting from next week Monday) & not turning up for the notice period (i'd just lose my day pay for this client) but start going to my new contract place within this 4 week window?

    Is it legal to do so?

    I was thinking it is possible as a contractor you basically are a Freelancer so can take any amount of gigs right? After all, we all want to be outside ir35...
    Or is that different? So wasn't sure so hence asking here..
    Legal? No.

    People do it anyhow and I haven't heard of anyone getting sued for going MIA on their contract (I doubt it's worth their time and money). Though you'd definitely burn bridges and get a bad reputation.

    You're better off asking them if you can reduce your notice period or such.

  4. #4

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    Lance's Avatar
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    You're thinking like permie not like a business

    Start the new one now, but fitting it in around current commitments.
    Hand notice in on current, and offer a managed handover alongside other commitments.

    Everyone's happy.
    See You Next Tuesday

  5. #5

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    Just because they're demanding you start immediately doesn't mean it's a deal breaker. I would think it would be unlikely there will be an alternative contractor who will be immediately available. Most contractors will have to work their notice periods. I suspect also they'll be recruiting more than one developer, and they're simply trying to get recruits to come on board earlier.
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  6. #6

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    Quote Originally Posted by northernladuk View Post
    Why would you think its legal to have a notice period in which you serve and then don't work
    Mainly because what i've seen happened in the past. Before I was a contractor, I used work for a consultancy where they hire tons of contractors. It was common for contractors to hand in their notice (2 weeks notice for that company) and then take a lot of days off work (they just didnt come in) during notice period (2 -3 days, a week, even the full 2 week), and that company accepted it.

    Quote Originally Posted by northernladuk View Post
    What's better about the new gig that you are giving notice to your old one. Why did you not make them aware you had a notice period in your old gig?
    better work hence i was looking in the first place. I did make them aware.

  7. #7

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    Quote Originally Posted by darsa View Post
    Legal? No.

    People do it anyhow and I haven't heard of anyone getting sued for going MIA on their contract (I doubt it's worth their time and money). Though you'd definitely burn bridges and get a bad reputation.
    Yeah i think i get the jist now; legally wise not but people just do it anyhow.

  8. #8

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    Quote Originally Posted by Lance View Post
    You're thinking like permie not like a business
    Really? How?

    Quote Originally Posted by Lance View Post
    Start the new one now, but fitting it in around current commitments.
    Hand notice in on current, and offer a managed handover alongside other commitments.
    Yeah that's what I'm exploring at, seeing possible to start new one now and offer a managed handover if required. But work dictates I need to be in client's premise to do the work/access the work related stuff. If only I can be in 2 places at same time.

  9. #9

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    Quote Originally Posted by BritishLad88 View Post
    Really? How?
    by thinking you have to stop at one place before you start at another.


    Quote Originally Posted by BritishLad88 View Post
    Yeah that's what I'm exploring at, seeing possible to start new one now and offer a managed handover if required. But work dictates I need to be in client's premise to do the work/access the work related stuff. If only I can be in 2 places at same time.
    Work from home.... The you don't need to be in two places. Who needs who the most? If either put their foot down and refuse to let you deliver in the way you want, then they're the client that doesn't get you for as long.
    See You Next Tuesday

  10. #10

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    Just work two contracts at the same time. As long as you don't have to be on site 5 days per week it's perfectly doable

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