What to do when offer has been made and acccepted, then agent backtracks.

**malvolio** · 4 October 2012, 10:12

Originally posted by JumperG View Post

Hi guys,

As you can all see, I am new to the forum, so HI! I have been contracting for a while and have never run into any issues until now. Not really too sure where I stand on this legally, so am hoping for some input from the people that know/have had a similar issue before.

A couple of days ago, I was made a formal offer by an agent (who acts as the payroll) for a 3 month rolling contract, which I accepted in writing. I have confirmation from the agent that I have accepted the offer and was been given a start date. Last night I received a phone call that the end client's HR had not actually signed off at their end becasue they do not feel they have the budget. So, the agent is now telling me that there is no work at the terms agreed.

A good friend of mine in the recruitment business thinks with all the things I have in writing I have a case to take to them and claim the three months at the rate agreed.

Any input/thoughts would be highly appreciated!

Yuor friend is possibly misguided. Asusuming the usual contractual nexus, how will you get paid without a signed timesheet demonstrating work has been done? And if the client doesn't have the budget to pay you for working, do you seriously think they'll pay the agency to pay you for not working?

Howver, it all depends on the Ts&Cs of the contract. You need to talk to a solicitor or, if you are PCG member (which you bound to be, of course

), their legal helpline.

**SueEllen** · 4 October 2012, 13:09

You could spend your energy (and money) chasing it to see if the agent will cough up, or alternatively you could put your efforts into finding another contract.

Now as you haven't lost any actual money at this point just wasted a lot of time I know what I would do.

Oh and next time you go to an interview with a client ask a discrete question about budgets. There are a lot of companies who waste people's, both agencies' and contractor's, time in this manner.

**northernladuk** · 4 October 2012, 13:21

But did you sign a contract?

We have many stories like this even to the point the contractor is standing in reception on his first day in one case recently.

I guess this is the flip side to contractors giving notice before they start. We can't have it both ways. Shrug your shoulders and move on.

**moggy** · 5 October 2012, 08:45

Depending on the t's and c's of course I would think if you have a signed contract between you and the agency, remember they are the ones with a contract with the client, then they may well have to give you notice. The t's and c's of course could had a clause where by they stipulate there is no contract without first attending a client site.

I once heard of an agency sign a guy to a 12 month agreement, but the client had only issued a 6 month contract. I guess the idea was ask for an increase at extension and say nothing, they missed the notice and he wasn't renewed, cost them an exta month for his notice.

**Scoobos** · 5 October 2012, 09:37

My advice isn't great, but its genuinely what I've done in this situation.

End the current relationship with the agent with a smile and jolly attitude, walk away and move on.

There's nothing to fight here really, nothing you'll win without effort taken away from finding your next gig anyway.

**northernladuk** · 5 October 2012, 09:40

Originally posted by moggy View Post

Depending on the t's and c's of course I would think if you have a signed contract between you and the agency, remember they are the ones with a contract with the client, then they may well have to give you notice. The t's and c's of course could had a clause where by they stipulate there is no contract without first attending a client site.

I once heard of an agency sign a guy to a 12 month agreement, but the client had only issued a 6 month contract. I guess the idea was ask for an increase at extension and say nothing, they missed the notice and he wasn't renewed, cost them an exta month for his notice.

You are just guessing and making this up now aren't you?

**moggy** · 5 October 2012, 09:42

Originally posted by Scoobos View Post

My advice isn't great, but its genuinely what I've done in this situation.

End the current relationship with the agent with a smile and jolly attitude, walk away and move on.

There's nothing to fight here really, nothing you'll win without effort taken away from finding your next gig anyway.

good advice, and who's to say they won't be the next agency he has to deal with for the next role.. might make for interesting rate negotiations

**moggy** · 5 October 2012, 09:45

Originally posted by northernladuk View Post

You are just guessing and making this up now aren't you?

Well yes guessing, making up no, thats why i said "could" to ensure this is the sort of thing they should be looking for. Who's to say whats in the t's and c's

**psychocandy** · 5 October 2012, 10:19

Not worth stressing about - like NLUK said it happens so just move on and get another contract.

If it was me though, I'd try to get the notice period out of the agency. Never know and it'd be a good laugh anyway.

I'm not an expert but legally though couldn't they say they gave you notice but then there was no work (MOO etc) so you wont get paid anyway?

Would still have a quick crack at it though...

What to do when offer has been made and acccepted, then agent backtracks.