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  1. #1

    Nervous Newbie


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    Default Offer withdrawn after Contract Signed

    I had accepted an offer for a contract role, the contract was drawn up, signed by the Agency and my Umbrella company on my behalf on a Friday with assignment commencement being the following Monday. At this stage the agency commenced basic vetting which they completed, satisfactorily, on the Monday. However, on the Friday evening I received a call from the Agency not to go to the site on the Monday as the client had now requested Level 3 vetting to be performed. I received an enhanced questionnaire on the Monday which I completed. But this uncovered something that caused the client concern (which was not related to anything criminal or financial circumstances) and, on the Wednesday, I was told by the agency that the offer had been withdrawn. The contract had a 5-day notice period written in but the Agency said this didn't apply as the assignment had not started. So the client actually changed the requirement after the contract had been signed. What are my rights in respect of compensation for the 3 days lost?

  2. #2

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    None.

    You didn't do any work and so have nothing to invoice for. It'll be in your contract somewhere.

    Just move on.

  3. #3

    Contractor Among Contractors

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    Depends on what your contract says. If there's a clause in the contract that says if you don't work you don't get paid (and there should be), you're IMO best to just write it off.

    It could be argued that getting you to complete additional paperwork in their time constitutes work, but I doubt you'll make a decent case out of it.
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

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    Quote Originally Posted by DRobin8410 View Post
    But this uncovered something that caused the client concern (which was not related to anything criminal or financial circumstances)
    Quote Originally Posted by DRobin8410
    I am ineligible to be a Company Director and normally operate through UMbrella companies.
    Related?

  5. #5

    Double Godlike!

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    Quote Originally Posted by DRobin8410 View Post
    I had accepted an offer for a contract role, the contract was drawn up, signed by the Agency and my Umbrella company on my behalf on a Friday with assignment commencement being the following Monday. At this stage the agency commenced basic vetting which they completed, satisfactorily, on the Monday. However, on the Friday evening I received a call from the Agency not to go to the site on the Monday as the client had now requested Level 3 vetting to be performed. I received an enhanced questionnaire on the Monday which I completed. But this uncovered something that caused the client concern (which was not related to anything criminal or financial circumstances) and, on the Wednesday, I was told by the agency that the offer had been withdrawn. The contract had a 5-day notice period written in but the Agency said this didn't apply as the assignment had not started. So the client actually changed the requirement after the contract had been signed. What are my rights in respect of compensation for the 3 days lost?
    None at all. You don't get paid for work not done. It's a serious PITA but it's one downside of being a contractor.

    In this case, the client agency contract - which we don't get to see - almost certainly has a clause about personnel being clearable so the agency can't put you on site if you have failed clearance. So nobody will have breached any contractual undertakings either.
    Blog? What blog...?

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    Ddraig Goch


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    Ipse plus member? You can claim
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  7. #7

    TykeLike

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    I assume they won't tell you what the reason was that you failed the vetting?

    Most contracts have a clause saying they can terminate with no notice for what ever reason they want, it is kinda why notice periods mean jack these day
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

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    Quote Originally Posted by DRobin8410 View Post
    I had accepted an offer for a contract role, the contract was drawn up, signed by the Agency and my Umbrella company on my behalf on a Friday with assignment commencement being the following Monday. At this stage the agency commenced basic vetting which they completed, satisfactorily, on the Monday. However, on the Friday evening I received a call from the Agency not to go to the site on the Monday as the client had now requested Level 3 vetting to be performed. I received an enhanced questionnaire on the Monday which I completed. But this uncovered something that caused the client concern (which was not related to anything criminal or financial circumstances) and, on the Wednesday, I was told by the agency that the offer had been withdrawn. The contract had a 5-day notice period written in but the Agency said this didn't apply as the assignment had not started. So the client actually changed the requirement after the contract had been signed. What are my rights in respect of compensation for the 3 days lost?
    There's nothing you can do, its the way it is unfortunately.

    But, this is why I say people who say you shouldnt back out of a contract if offered one for more money are foolish.

    Clients will drop you like a hot potato when they want. I dont advocate being a rate chaser or jumping ship regularly. But, if something concrete is there, go for it.
    I couldn't give two fornicators! Yes, really!

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