daft question re notice

[slogger]

blimey - not as simple as I thought! More complex as was told a permanent offer would be forthcoming - wasnt - so terms did change, also several weeks later after being told I would receive a written contract I havent (original extension a while back stated that 'agreement shall become valid only upon signature and receipt of signed copies by both parties' - I assume this would mean legally that agency doesnt want a contract unless paperwork signed) - even emailing agency and asking for a pdf of contract I could sign I didnt receive it - all this and uncertainty around client co redundancies/layoffs/contractor rate cuts made me look elsewhere - have obtained another contract - now agency asking for 4 weeks notice - which takes me beyond end of contract with no paperwork etc...

[CheeseSlice]

Hi,

Daft question - I think I know the answer (99.9999% sure anyway!!) - currently in contract via ltd company, contract ends at end of week - I've been sent a renewal but haven't signed it, however said verbally I'd renew ... am I bound by this?

Are you via an agency? Did you verbally tell the agent that you would renew?
What words did you use?

When a renewal is discussed with me over the phone I usually say something like "thats good news", rather than outright acceptance. Then I wait for the paperwork.

[CheeseSlice]

now agency asking for 4 weeks notice - which takes me beyond end of contract with no paperwork etc...

A notice period is only useful when you terminate so that you leave before the end of a contract. Once you're into the territory that the notice period is longer than the time left on the contract, the notice period is useless. Agent is lying.

[mavster07]

blimey - not as simple as I thought! More complex as was told a permanent offer would be forthcoming - wasnt - so terms did change, also several weeks later after being told I would receive a written contract I havent (original extension a while back stated that 'agreement shall become valid only upon signature and receipt of signed copies by both parties' - I assume this would mean legally that agency doesnt want a contract unless paperwork signed) - even emailing agency and asking for a pdf of contract I could sign I didnt receive it - all this and uncertainty around client co redundancies/layoffs/contractor rate cuts made me look elsewhere - have obtained another contract - now agency asking for 4 weeks notice - which takes me beyond end of contract with no paperwork etc...

The agent is definitely trying to yank your chain. Tell them the notice period does not apply as you are already in it.

[Sausage Surprise]

The agent is definitely trying to yank your chain. Tell them the notice period does not apply as you are already in it.

This is correct.

[Wanderer]

told I would receive a written contract I havent (original extension a while back stated that 'agreement shall become valid only upon signature and receipt of signed copies by both parties' - I assume this would mean legally that agency doesnt want a contract unless paperwork signed) - even emailing agency and asking for a pdf of contract I could sign I didnt receive it - all this and uncertainty around client co redundancies/layoffs/contractor rate cuts made me look elsewhere - have obtained another contract - now agency asking for 4 weeks notice - which takes me beyond end of contract with no paperwork etc...

Well, there's your get out then. It seems clear to me that their intention was that the offer was subject to the signing of a written contract and until the paperwork is signed they do not intend for the contract to be formed.

I'm not a lawyer, but my understanding is that a contract needs offer, acceptance and consideration. In this case there is definitely an "offer" of a contract with contains a "consideration" for both parties, but the clear intent is that there shall be no "acceptance" until the contract is signed by both parties. Since it hasn't been signed, no contract has been formed.

[mavster07]

Well, there's your get out then. It seems clear to me that their intention was that the offer was subject to the signing of a written contract and until the paperwork is signed they do not intend for the contract to be formed.

I'm not a lawyer, but my understanding is that a contract needs offer, acceptance and consideration. In this case there is definitely an "offer" of a contract with contains a "consideration" for both parties, but the clear intent is that there shall be no "acceptance" until the contract is signed by both parties. Since it hasn't been signed, no contract has been formed.

This is absolutely correct. Agencies apply this rule so why shouldn't we ?

[slogger]

This is absolutely correct. Agencies apply this rule so why shouldn't we ?

many thanks to all who replied, have stuck to guns and agency & client backed off immediately! Think they thought they could bluff another 4 weeks out of me (which to be honest they really don't need - something of a power play possibly or insecurity on their side).

[Wanderer]

many thanks to all who replied, have stuck to guns and agency & client backed off immediately! Think they thought they could bluff another 4 weeks out of me (which to be honest they really don't need - something of a power play possibly or insecurity on their side).

Wouldn't it be funny if:

You: OK, I'll work the extra 4 weeks as you insist I'm contracted to do.
Agency: OK, good boy. You have to stick to your binding contract or else there will be trouble.
Client: Actually, we don't have any more budget so we are terminating the contract immediately.
You: OK, Agency now I want to be paid for the 4 weeks.
Agency: Nah, we don't have to stick to the contract.
You: