Rent This Space Now & Sponsor Us
Page 1 of 3 123 LastLast
Results 1 to 10 of 24

Thread: Terminating signed contract!!!Is it possible!?!?!?

  1. #1

    Terminating signed contract!!!Is it possible!?!?!?

    Hi dear colleagues....I signed a contract to start a position in about 4 weeks...however now I've been able to find a better place and wanted to find out if any1 knows whether I can terminate the contract now!?!? .....Many Thanks

  2. #2
    Join Date
    Dec 2011
    Location
    Inverness, Scotland
    Posts
    240

    Re: Terminating signed contract!!!Is it possible!?!?!?

    Probably better to try and sort it out amicably with the party you want to terminate with. Is there a termination clause in the contract? Depending on the employer it may be seen as a bit unprofessional to sign a contract and then terminate. Get advice from the PDA if you are a member. If not join the PDA and you can get some advice.

  3. #3
    Join Date
    Dec 2010
    Posts
    1,809

    Re: Terminating signed contract!!!Is it possible!?!?!?

    I think you will need to tread carefully. There are two implications here:

    1) The legal element - i.e. by signing a contract you are agreeing to provide xyz. Only a lawyer here can interpret this for you here.
    2) The professional element - i.e. they have issues filling in the pharmacist vacancy after you agreed to provide those services then this could be something could also sting you as well

    Get the advice as quickly as possible. 4 weeks probably is enough notice for them to find a replacement or a locum to cover. Certainly do not wait to get more advice from the PDA.

  4. #4
    Join Date
    Dec 2011
    Location
    Inverness, Scotland
    Posts
    240

    Re: Terminating signed contract!!!Is it possible!?!?!?

    I do not think it would take very long to get advice from the PDA if you are a member. A telephone call may suffice to deal with it but get advice quickly. They would probably need to know exactly what you have contracted to do though. Together with any termination clauses. One of the main things to bear in mind is that the employer may need to get someone else to replace you which is why I suggest contacting the PDA straight away.

  5. #5
    Join Date
    Nov 2007
    Location
    South Tyneside
    Posts
    2,033

    Re: Terminating signed contract!!!Is it possible!?!?!?

    If I was the employer I would have no trouble releasing you from the contract. Clearly you have no honour and cannot be relied upon. Also, apparently there is a glut of locums.

  6. #6
    Join Date
    Dec 2010
    Posts
    1,809

    Re: Terminating signed contract!!!Is it possible!?!?!?

    Quote Originally Posted by Tony Schofield View Post
    If I was the employer I would have no trouble releasing you from the contract. Clearly you have no honour and cannot be relied upon. Also, apparently there is a glut of locums.
    Tony ... you do have a point. But, I think (with the greatest of respect) that it does not necessarily mean that there is no honour here. What is does mean is that the circumstances of the individual have changed and they have every right to find the best thing that suits them. I am sure that had the roles been reversed (i.e. the employer was looking to get rid of the employee) that a second thought would not have been given to get rid of the employee using underhand methods if needed. Too much loyalty by the employee is a very bad thing indeed ... it stunts personal growth and clouds future vision and perspective.

  7. #7
    Join Date
    Nov 2007
    Location
    South Tyneside
    Posts
    2,033

    Re: Terminating signed contract!!!Is it possible!?!?!?

    This person has signed a contract. Now they have been offered a few sheckels more by someone else. They then come here asking how they can renegue on the contract. I'm sorry but it is all about trust and honour.

    Of course if the original employer was contacted and it was explained that a more advantageous position had come up, that employer could have the opportunity to discuss matching the newer terms. He/she hasn't been given the chance. The PDA have been suggested even a lawyer. All I am saying is that if I was the original employer I would love the opportunity to tear up this contract.

  8. #8
    Join Date
    Dec 2010
    Posts
    1,809

    Re: Terminating signed contract!!!Is it possible!?!?!?

    Quote Originally Posted by Tony Schofield View Post
    Of course if the original employer was contacted and it was explained that a more advantageous position had come up, that employer could have the opportunity to discuss matching the newer terms.
    Good point. However, in this age complete trust and honour in an employer (or even an employee) is now a liability. The market conditions have changed so much that if a better opportunity came up you need to embrace it (even if it means screwing somebody else). Gentlemens agreements (not meaning to be sexist) mean nothing now.

    Naturally any termination of contract should be done as non-acrimoniously as possible and needs to be balanced with future issues that arise. As an employer in this situation, you have every right to be angry at what has happened. However, it does not detract from the issue that the individual need must be met first from a first person perspective.

    Honour and trust are virtues only to the extent that they do not limit personal development and comply with the law. After that, they become liabilities.

  9. #9

    Re: Terminating signed contract!!!Is it possible!?!?!?

    My gardener has just sold his park home and is then having to rent. He had three viewings and sold to the first one. The second viewer offered more but he had sealed the deal with the first purchaser at what was a satisfactory price and declined to break his word. That is the action of a man of honour.
    johnep

  10. #10
    Join Date
    Nov 2007
    Location
    South Tyneside
    Posts
    2,033

    Re: Terminating signed contract!!!Is it possible!?!?!?

    Quote Originally Posted by dippsy View Post
    Good point. However, in this age complete trust and honour in an employer (or even an employee) is now a liability. The market conditions have changed so much that if a better opportunity came up you need to embrace it (even if it means screwing somebody else). Gentlemens agreements (not meaning to be sexist) mean nothing now.

    Naturally any termination of contract should be done as acrimoniously as possible and needs to be balanced with future issues that arise. As an employer in this situation, you have every right to be angry at what has happened. However, it does not detract from the issue that the individual need must be met first from a first person perspective.

    Honour and trust are virtues only to the extent that they do not limit personal development and comply with the law. After that, they become liabilities.
    With respect, I can't agree with anything you say here. The profession operates on trust. If there is no trust between members of the profession we are done for. John is absolutely right to quote a current example of honour being fulfilled. We don't operate in some bygone age that is sepia tinted we operate today with all the cynicism it can muster.

    A true parallel for an employer would be that they signed an agreement and then attempted to get out because they could secure someone else for less. That would be another disgrace. Natural ambition does not over rule honour and trust.

Page 1 of 3 123 LastLast