Implications of not joining a contract?

**northernladuk** · 19 April 2016, 22:37

Well if you have both signed then you are bound by the terms of agreement so you have to either give notice as detailed in the contract or you've got to breach contract and just not turn up. If you are going to breach it's possible the agent can sue you for any losses they incur whilst trying to fill the position. This will include their profit on the days you didn't work, loss of profits while sourcing someone else, costs to source something else and so on.

That said no one has wasted any time in you so far so there is a chance if saving it. The client is going to be pretty miffed there is a chance they can get the second choice candidate in sharpish and everything can carry on as normal. The agent, however, is likely to go ballistic and threaten you with everything under the sun so you are going to have to grow some and take it. Ignoring him may push him to go legal so best bet might be just to let him vent for a bit.

It's not going to be a smooth ride but nothing too untoward will happen unless you are unlucky.

What are the reasons for you not taking it? Dicking everyone isn't very smart for a whole host of reasons but if it's a no brainer then you are going to just have to get on with it. Don't make a habit of it though for a number of reasons.

**BlasterBates** · 20 April 2016, 08:13

This will go down very badly with the client and you won't easily be able to go back. As a contractor you need to be able to look for new contracts perhaps every 6 or 12 months. Do you feel you can afford to lose this client ?

There are plenty of agencies and they often have short memories so I wouldn't worry about that.

If you decline probably nothing much will happen as long as you stick to your notice period. Potentially they can sue.

**mdhd** · 20 April 2016, 08:19

Did that in my first ever contract. Was offered better rate (33% more). Agency was pissed off. Threaten me to take to court. Never did. Others suggested at that time to go and join on day 1, and hand notice end of the day and fall sick for notice period. And that was the worrying situation that got me here on forum :'( and I am still here trolling.

**northernladuk** · 20 April 2016, 08:22

Originally posted by mdhd View Post

Did that in my first ever contract. Was offered better rate (33% more). Agency was pissed off. Threaten me to take to court. Never did. Others suggested at that time to go and join on day 1, and hand notice end of the day and fall sick for notice period.

Did you tell them were all idiots an you have stopped taking any further advice from them.

And just because you got away with it doesn't mean it's OK.....

**WTFH** · 20 April 2016, 08:22

Originally posted by metallica View Post

Can someone tell me - if someone signs up for a contract with an agency but then decide he/she does not want it now I.e. Decline before starting. Can they do it? If yes what are the implications especially financially?

Regards

What does your contract say about it?

We can give you all the advice in the world, but we don't know what you signed up to, how long ago it was, how long the contract is for, why you don't want to start, or how soon you are due to start

**northernladuk** · 20 April 2016, 08:25

Originally posted by WTFH View Post

What does your contract say about it?

We can give you all the advice in the world, but we don't know what you signed up to, how long ago it was, how long the contract is for, why you don't want to start, or how soon you are due to start

Yeah, what the foot garment says...

**BrilloPad** · 20 April 2016, 08:38

Originally posted by metallica View Post

Can someone tell me - if someone signs up for a contract with an agency but then decide he/she does not want it now I.e. Decline before starting. Can they do it? If yes what are the implications especially financially?

Regards

Give them notice as soon as possible. They will probably not want you to start.

They will be unhappy so make sure you don't want to go there again.

**psychocandy** · 20 April 2016, 08:50

Originally posted by mdhd View Post

Did that in my first ever contract. Was offered better rate (33% more). Agency was pissed off. Threaten me to take to court. Never did. Others suggested at that time to go and join on day 1, and hand notice end of the day and fall sick for notice period. And that was the worrying situation that got me here on forum :'( and I am still here trolling.

I would have done it for 33% too. :-)

**northernladuk** · 20 April 2016, 10:18

Originally posted by psychocandy View Post

I would have done it for 33% too. :-)

Indeed. I'd question why anyone is taking a gig 33% under the rate they could command though....

Implications of not joining a contract?