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    Default Contract canned before start but after financial commitment

    Hello,

    This board is full of good, interesting info. Already determined that any concept of notice period is nonsense, even though it specifies it (and actually exists only to confuse and serves the agency only).

    Just got canned today, the day the contract due to start, on the phone before starting. I have already paid almost a grand in accommodations to start said contract.

    Although no recourse for the 1 weeks notice period, please can you also verify my opinion that I do not have any recourse for damages amounting to what I have lost on the basis of the contract being signed (grand in accommodations)? My argument is that yes they have a right to terminate at any time (as per contract), but that contract must have started before they can do this, and contract can only start after I actually start work with client as opposed to the day/time on the contract (yes I know I clutching at straws here...

    Agent knew I was spending this early part of the week, but the more I think about this, I'm sure the agent waited until today to tell me, as I guess that the contract would have to start in order for him to exercise the termination right. Start in the day/time sense, not the "show up for work" sense.

    Just wondered whether anyone else been in this situation and what happened....if nothing else for some sympathy!!!

    Lessons learnt etc...
    Cheers

  2. #2

    More time posting than coding


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    Quote Originally Posted by allovertheplace View Post
    Hello,

    This board is full of good, interesting info. Already determined that any concept of notice period is nonsense, even though it specifies it (and actually exists only to confuse and serves the agency only).

    Just got canned today, the day the contract due to start, on the phone before starting. I have already paid almost a grand in accommodations to start said contract.

    Although no recourse for the 1 weeks notice period, please can you also verify my opinion that I do not have any recourse for damages amounting to what I have lost on the basis of the contract being signed (grand in accommodations)? My argument is that yes they have a right to terminate at any time (as per contract), but that contract must have started before they can do this, and contract can only start after I actually start work with client as opposed to the day/time on the contract (yes I know I clutching at straws here...

    Agent knew I was spending this early part of the week, but the more I think about this, I'm sure the agent waited until today to tell me, as I guess that the contract would have to start in order for him to exercise the termination right. Start in the day/time sense, not the "show up for work" sense.

    Just wondered whether anyone else been in this situation and what happened....if nothing else for some sympathy!!!

    Lessons learnt etc...
    Cheers
    Welcome to contracting. Unfortunately this can and does happen. Very little you can do about it. As someone who has taken a number of contracts relying on staying away I'm always very choosy that first and foremost the client is a good one and more importantly the agency is likely to pay.

    At the start of any contract relying on staying away, to me it makes sense to take a short term approach and pay as little for travel/accommodation as you can get away with in the event that this kind of thing happens. Minimise the risk and all that. Sometimes you've got to spend a little to save a lot...
    Last edited by ShandyDrinker; 3rd December 2015 at 06:00.

  3. #3

    Contractor Among Contractors


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    Send your story to David Morris MP and ask him if workers who are subject to this kind of treatment really should be treated in tax the same way employees are, even if they are doing similar work.

  4. #4

    Godlike

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    Quote Originally Posted by ShandyDrinker View Post
    Welcome to contracting. Unfortunately this can and does happen. Very little you can do about it. As someone who has taken a number of contracts relying on staying away I'm always very choosy that first and foremost the client is a good one and more importantly the agency is likely to pay.

    At the start of any contract relying on staying away, to me it makes sense to take a short term approach and pay as little for travel/accommodation as you can get away with in the event that this kind of thing happens. Minimise the risk and all that. Sometimes you've got to spend a little to save a lot...
    Tough luck. Its happened to most of us at one time or another.

    The lesson when working away from home is to book a B&B or Travel Lodge type accommodation for the first week on a week by week basis. But even then, a contract can be canned at short notice 2 or 3 months in.

    Sorry but laying out a grand for the start of a contract is just foolhardy. You should have adopted a more circumspect approach. Nope, there's not a cat's chance you'll get anything from the agent. Read your T&C's. It'll say it can be canned before the role starts and even if it doesnt, so what? No one will compensate you.
    I couldn't give two fornicators! Yes, really!

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    A little bit of me wishes clients and agents would get a bit smarter and explain that the contract has been canned so there is no work. We'd just tear the contract up but you would complain about notice so we are giving you notice but there is no work to do so no pay. Goodbye.

    That's said if they understand that but they may start using it more.

    You want mumsnet if you want any sympathy.
    'CUK forum personality of 2011' - Winner - Yes really!!!!

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    Quote Originally Posted by allovertheplace View Post
    (yes I know I clutching at straws here...
    You are. Tulip happens.

    Move on.

    PS. The agents won't give a fook about your situation.

    HTH.

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    Faqqed Off

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    Assuming you're an IPSE+ member, I'd see whether you could claim under the business interruption cover.
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  8. #8

    TripleIronDad

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    What has the agent said about notice period? Have you asked the agent why they waited so long to tell you?

    Sorry to hear about it.

    Just ignore NLUK. If you had met his wife you would be grumpy too.

    EDIT - the good news is after April 2016 it won't matter anymore! T&S not refundable....
    Last edited by BrilloPad; 3rd December 2015 at 08:34. Reason: A bit more
    What is the difference between ignorance and indifference? Don't know and don't care.

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    OP - so are they paying you a weeks notice? If so, you are lucky.

    If not, are you a member of IPSE? You can claim for this. This happened to me once on a Friday before monday start. It was a crappy contract with one day notice period but IPSE paid up for me to be fair.

    In terms of what you've spent - a grand. Are you insane? If you don;t mind me asking what did you spend a grand on?

    Never assume or commit to anything like this just in case it goes tits up.

    I won't even book a hotel in advance that I can't cancel in case something changes at last minute. I occasionally stay locally, not often, but just book something on the day.

    But to expose yourself to this sort of risk is nuts. Unfortunately, although it might be nice, doing something like renting a flat for 3 months is probably a BAD, BAD idea.

    About the only thing I will do is buy a train season ticket and thats only because it only costs 10 admin cost to get a refund of whatever you didnt use.
    Rhyddid i lofnod psychocandy!!!!

  10. #10

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    Quote Originally Posted by psychocandy View Post

    In terms of what you've spent - a grand. Are you insane? If you don;t mind me asking what did you spend a grand on?

    Never assume or commit to anything like this just in case it goes tits up.
    I must admit, it does sound odd to commit a grand without any chance of a refund

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