Agent contract

[zippy1]

Hi, any help appreciated. Bit of a story, was issued a contract from an Agent to my Ltd for a contract with end client in Europe. Just before I was due to start agent called and said there was a delay then a few days later said project was on hold and my contract would be cancelled. Then I heard from a contact at the end client that they were going ahead with someone else, so I’m not sure if the Agent messed up by issuing a contract when I didn’t have the job?
At the moment the contract hasn’t been cancelled because they want to use a clause which ties me into restrictions for a year and I think the contract should be treated as if it never existed.
Now I see the Agent is advertising the job again and I’m wondering, with my contract still in place, I should be providing the substitute for this role?

[cojak]

I am not a lawyer, but if you have written confirmation that they are not proceeding with the contract, then you should check your side of the contract and issue your own termination to the agent.

If it were me I would ignore the restriction and carry on with your life - they can't have their cake and eat it - either it's in effect and you are working for them or it isn't and you can work for anyone.

Maybe you can discuss substitution as a way to confirm their cancellation of the contract if you want as I suspect that they'll officially cancel it then.

[northernladuk]

The contract talks about the engagement details l ike payments, exit clauses and other stuff. It doesn't gaurantee the work. Somewhere in that contract will be a term about you getting paid upon submission of a signed timesheet. That means you do work, you get a timesheet and you get paid. If you don't do work you don't get paid. The contract can run forever but they don't have to give you work. It's all about lack of mutality of obligation if you want to look it up.

Either way, you aren't going to get work so it's over. The contract can either be terminated by you as per the clause in there and the contract ends or you can let it expire at the end of the term. The agent isn't making a penny from you so they won't be putting any effort in to it. They've moved on and so should you.

[zippy1]

Thanks, agree I’ll reply saying I consider the contract null and void, no restrictions enforceable. First time I’ve never even got to start the contract, strange times.

[Protagoras]

Initially this was described as a contract 'issued' by Agent to a LtdCo.
So not really clear whether this went beyond 'issued' to 'agreed', and 'signed' by the parties.

Did the contract status evolve beyond 'issued'?

[zippy1]

Yes the contract was signed by the agent and myself for the Ltd and the end client was stated with a start date so I assumed all parties had their contracts in place. But I guess the agent to end client contract wasn’t actually in place.

[Snooky]

At the moment the contract hasn’t been cancelled because they want to use a clause which ties me into restrictions for a year and I think the contract should be treated as if it never existed.

I agree with cojak .

If you're concerned about being sued by the agent, for them to be successful they'd need to be able to show that your actions or inactions under the terms of the contract caused them a loss. It very much depends on the exact wording you signed up to, but it sounds like the agent no longer has the ability to place you in the role covered by the contract, therefore they're no longer in a position to earn any money from your agreement and can't possibly incur a loss by you ignoring the restrictions.

[cojak]

Owing to my complete cynicism, it possibly looks as though this is the outcome someone wanted - to keep you out of the job market for this aspect of the industry? Why try to lock you into a restrictive contract and then not use you but readvertise for your role?

Strange one this, and I would make noises to the agent regarding legal defence if they tried to enforce this contract, I bet they’ll back off then.

[northernladuk]

Owing to my complete cynicism, it possibly looks as though this is the outcome someone wanted - to keep you out of the job market for this aspect of the industry? Why try to lock you into a restrictive contract and then not use you but readvertise for your role?

Strange one this, and I would make noises to the agent regarding legal defence if they tried to enforce this contract, I bet they’ll back off then.

I agree with Cojak.. only because she scares the living daylights out of me and I daren't say otherwise.