Juggling Offers

[pjclarke]

So, ClientCo A has made me an offer via an agency. The agency email detailed start and end dates, rate, notice period etc and wanted a prompt reply so as they could prepare the contract. I replied accepting the offer, with the caveat that my acceptance was conditional on the terms of the actual written contract being acceptable. Start date is in three weeks.

Then received a call from another agency - an application I had made to ClientCo B about which I had heard nothing for some weeks and had assumed had 'timed out' was now of interest and they may ring today with an offer of an interview. The agency for ClientCo A is now aware of this.

There is not much to choose between the two assignments, but Clientco B may just have the edge - we haven't talked rates yet - if I were successful with ClientCo B, and wanted to go with them, how would I stand legally with ClientCo A? No written and signed agreement has been made, however I assume the email exchange constitutes a contract of some sort?

A lot of us have been on the receiving end of the situation where verbal or email offers disappear at the last moment, and the oft-repeated phrase is, until you have the signed contract in your hand, assume nothing. If I were to withdraw from the deal with ClientCo A, clearly they cannot force me to turn up and work for them but other than goodwill and reputation do I have anything else to lose?

What could/should I have done differently/better?

[jmo21]

I wouldn't have mentioned it to Agent A.

[ChimpMaster]

So you're in demand and supply is restricted, which means that you can dictate a rate increase. Tell clients A/B the rate and negotiate to your advantage.

BUT remember, you actually only have 1 offer at the moment....

[Hex]

I think that legally you have accepted the role with Agency A (including the rate as that was detailed in their email) subject to the contract they provide being acceptable. The contract being acceptable to you is 100% your call, so you can keep telling them it's not acceptable and finding fault with it until they give up if you want.

You can almost certainly take the role with Agency B during this and Agency A won't have any redress. You are still proposing to accept their contract subject to the contract terms being acceptable - they're just not acceptable at the moment.

You could tell Agency A that you want a clause inserted in the contract that completely indemnifies you from IR35 taxes. One that says they have to pay you if the contract is later found to be inside IR35 blah blah. There's no way they will accept this, but it's actually a reasonable request from your business perspective. In this way, you will never agree terms and so you'll be free to take up Agency B's offer.