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Contract breach ??

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    Contract breach ??

    Im looking for some advice on a couple of outstanding contract issues.

    I am currently working in the following situation My Ltd is contracted to an Agency contracted to Consultancy contracted to Client (where im based on day to day basis), now I was told initially by the agency an hourly rate plus a (2x) overtime rate and put forward for interview at consultancy, I was then offered the job by the consultancy and agency then told me
    day rate had gone down, not a major change so I accepted it as needed the work before Christmas. It was an immediate start at the end client and everything was going well until a couple of days later the contract from agency is drawn up and there is no mention of an overtime rate, I decided not to sign the contract until either a overtime rate is in place or my day rate is increased, this has now been dragging on for 6 weeks, I have since spoken to the consultancy who have said that it was never the case to pay a overtime rate only a flat day rate. Couple of questions, do I have a contract with the agency as I haven't signed it and the terms on it are different to what was agreed over the phone? If I wanted to cut them out of the loop and go direct with consultancy or client would it be possible without a notice period as I haven't signed the contract, they didn't pay me for 6 weeks when payment terms were 4 weeks and there is no mention in my contract about not working for consultancy or client for a set period of time after notice period which I have had in my other contracts??

    Any help would be appreciated.. ta

    #2
    You need professional guidance, but if you've started a contract then the last set of terms in place are what rules the contract and both parties are deemed to have accepted them. If you have evidence of a later email or something saying (in efffect) "OK, but I want these variations and you said ..." you might have a case.

    However, speak to an expert, like Roger Sinclair at Egos. It sounds like misrepresentation to me

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      #3
      Thanks malvolio, I will call in the experts.

      Comment


        #4
        "I was then offered the job by the consultancy and agency then told me day rate had gone down"

        This is one of the oldest agency tricks in the book to increase their margin. Just say no! They will give in very quickly rather than risk losing you at that point.

        I suspect that after getting that one past you they probably decided they could get away with almost anything - hence the contractual terms shenanigans.

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