Flippin' Clientco Dragging on Start Date - any suggestions??

[pauly]

Hi - I interviewed and got an offer of a Clientco to work directly with them.

They sent over a PDF contract that they signed. I had a conversation with the HR manager, made some agreed adjustments and sent back a PDF new version contract which I had signed.

Its taking forever to hear from them and am getting worried. Are they able to pull out in any way if they have changed their minds??


(1) Is their signed version a form of agreement from them? The start date has already passed from their version and thus wondering if I should be checking the contract to see if they have the right to cancel the contract in any way? The termination clause in the contract says this amongst other things...

"This Agreement shall terminate, notwithstanding any other rights and remedies the Parties may have, in the following circumstances:

ii. The Consultancy is unable to comply with its obligations under this agreement by reason of the ill-health of any Contractor throughout a period of 10 continuous working days or an aggregate of 20 working days in any 12 calendar months;"

Have no idea if they can use the above to cancel the contract 10 days after the start date on their contract?


(2) The notice period is one month either way - if they do pull out -do I have the right to claim a month notice period? It will compensate for the messing around.



(3) If they sent their signed version and I sent back my signed version (with minor tweaks) do we actually have a signed-off contract? Do the emails exchanged with the HR manager imply an agreed contract?


Welcome thoughts as I do not want to be left high and dry.

[jmo21]

When did you last send them a message/receive a reply. When were you due to start?

[pauly]

When did you last send them a message/receive a reply. When were you due to start?

The Clientco original contract stated a Mon 10-Feb-13 start and was provided on Fri 7-Feb-13. It had incorrections (including spelling my name incorrectly throughout the document). I scheduled a conversation with HR, did updates myself and sent it to them signed from my side on Weds 12-Feb-13 with a revised start date of Weds 19-Feb-13 (I need about a week to prep for a start from a sign-off). Have been chasing since to get them to provide some kind of sign-off on my revision. The last brief conversation was on Mon 17-Feb-13 with the hiring manager (he said he needed the resource and would pick up with HR). Am still waiting for a firm start date.

I seem to be doing the pushing to get it signed off and started. It may be that they are busy, or could be that something has changed. Am curious about where I stand if they bail?

[northernladuk]

Nothing much you can do except politely remind them you are still available and possibly hint that you are also still looking. If they can't get sign off you threatening them isn't going to help. I had to wait over 6 weeks from the original date quoted to me by a client in the past. Difference is I wasn't bothered as I was enjoying the time off and I knew it wouldn't be pulled so maybe not quite the same circumstance.

This happens a lot to people through agencies and oddly enough they call the agent all the names under the sun so kinda proof it isn't always the agents fault.

Can't lie, there is always the possibility they won't get sign off or the need will evaporate but that is part of contracting. Until you are on site you shouldn't stop looking and assume you have nothing until you sat at the desk. If you get hung up on a client these delays will be agonising and real body blow if it gets pulled. Just treat as an iron in the fire while you continue to look elsewhere. If it evaporates it was a frustrating hiccup.

Answering your questions specifically...

(1) Is their signed version a form of agreement from them? The start date has already passed from their version and thus wondering if I should be checking the contract to see if they have the right to cancel the contract in any way? The termination clause in the contract says this amongst other things...

If you don't work you don't get paid so makes no real difference when the contract started. You could be in contract or out of it, either way the upshot is you don't get paid. They can cancel the contract anytime they want but will cover this in the next question....

(2) The notice period is one month either way - if they do pull out -do I have the right to claim a month notice period? It will compensate for the messing around.

You can claim a month if you want but if you didn't work you won't get a penny. Notice periods are worthless to contractors. They could turn round and say ok your contract will lapse in one months time but we have no work and therefore no timesheet and I would expect your contract says you will get paid on receipt of a signed timesheet.

(3) If they sent their signed version and I sent back my signed version (with minor tweaks) do we actually have a signed-off contract? Do the emails exchanged with the HR manager imply an agreed contract?

You only have an implied contract if you actually started work. You may have an agreement but until you do a days work and get a signed timesheet you have nothing.

Gentle reminder to tell them you are still available and then hit jobserve again.

[northernladuk]

Two things that occur to me though... Firstly why is your name throughout the contract? You haven't been named specifically and the contract is with you personally is it? Which leads me on to the second point which is you did get your contract reviewed by a specialist didn't you?

[northernladuk]

When did you last send them a message/receive a reply. When were you due to start?

You remember this poster don't you jmo21?

http://forums.contractoruk.com/accou...ml#post1881767

[ASB]

It looks like they have offered and you didnt accept. No contract.

You could have accepted and started on the Monday but decided against it. I guess things may have changed in the meantime, in any event the changes which were agreed in principle will need to go through due process.

[jmo21]

You remember this poster don't you jmo21?

http://forums.contractoruk.com/accou...ml#post1881767

lol!!!

[pauly]

It looks like they have offered and you didnt accept. No contract.

You could have accepted and started on the Monday but decided against it. I guess things may have changed in the meantime, in any event the changes which were agreed in principle will need to go through due process.

The contract version they sent through was incorrect - took long enough to get it corrected as the HR manager seems to sit on things and be slow. Made adjustments and even managed to negotiate terms in my favour. Sent a new rev through and now waiting. I have a feeling there is some internal work and org chaos going on and hence the delays. Probably just need to find out how to leverage my way in if I want to work in that niche sector.

I recall someone saying that a tenancy agreement is not worth much (even when deposits are provided) unless the tenant appears on the day at the property to collect the keys and move in (i.e. executing the contract). In this case, I assume the presence of a contractor in the office is not enough - its the sign-off of a timesheet (probably this is less likely to be refused if the contractor is in situ and appears to be available for work?).

[northernladuk]

I recall someone saying that a tenancy agreement is not worth much (even when deposits are provided) unless the tenant appears on the day at the property to collect the keys and move in (i.e. executing the contract). In this case, I assume the presence of a contractor in the office is not enough - its the sign-off of a timesheet (probably this is less likely to be refused if the contractor is in situ and appears to be available for work?).

The two are not comparable. Tenancy agreements are very binding. If someone is paying rent on a property they have rights on that property whether they are there or not. There are a lot of laws regulating what you can do with tenants. For example if a tenant gives notice but moves out immediately, keys back and the lot it is illegal for you to rent it back out until the contract has ended.

In contracting you are a body, not a building so completely different.