Agent sold me a pup...

**TheDandy** · 7 September 2014, 20:19

Originally posted by MojoDog View Post

So, I landed a role that was advertised as a 12 month contract.

The contract that I signed stated that it was a 12 month contract. When I rocked up to the client last week, the team leader showed me around the place and introduced me as "the guy brought in to cover for Maternity Leave".

When I questioned him about this he told me that the lady in question was due to return to work in 6 months time and that when she did, my services would no longer be required. He then said that if she decides not to return then he would be looking for a permanent replacement. He says that a 12 month contract was never raised with the agent...

Tried to contact the pimp but not heard back (funny that).

I realise that contracting carries the risk that gigs may end at any time (and I'm not bleating about that), but I wondered where I stand legally on my situation. The pimp never mentioned maternity cover to me and stated categorically that the contract is for 12 months (as does my contract).

I suspect I'm just going to have suck it up and get on with the situation but would welcome any comments or advice please...

What's notice period can the agent serve you according to your contract, ignoring for the moment any other clause that can effectively kick you out immediately? Maternity cover sounds like treat you like the employee you are covering for - although it doesn't have to be if you are clear on your working practices.

**MojoDog** · 7 September 2014, 20:28

Originally posted by TheDandy View Post

What's notice period can the agent serve you according to your contract, ignoring for the moment any other clause that can effectively kick you out immediately? Maternity cover sounds like treat you like the employee you are covering for - although it doesn't have to be if you are clear on your working practices.

Notice period is 1 week either way. Working practices appear to be as a contractor and not an employee and odnt give me any cause for concern..

**SueEllen** · 7 September 2014, 20:48

Originally posted by MojoDog View Post

Notice period is 1 week either way. Working practices appear to be as a contractor and not an employee and odnt give me any cause for concern..

Don't worry about it then as you should be aware your contract is as long as your notice period.

Anyway as soon as you get fed up or the 6 month mark is coming up then find another contract.

In regards to the agency they are banking on the woman not coming back and it taking 5-6 months to find a permanent replacement.

**TheDandy** · 7 September 2014, 21:38

Originally posted by SueEllen View Post

Don't worry about it then as you should be aware your contract is as long as your notice period.

Anyway as soon as you get fed up or the 6 month mark is coming up then find another contract.

In regards to the agency they are banking on the woman not coming back and it taking 5-6 months to find a permanent replacement.

This.

**CheeseSlice** · 7 September 2014, 23:04

Too many push-overs on this forum.

I'd personally get the wording changed for my own peace of mind. I'd be fuming otherwise.
Unless the agent made an honest mistake here, which I doubt, they have lied to you and should put this right. Remember a contract is a legally binding document and should reflect what has actually been agreed. If there are any things that have come to light that would invalidate the contract, then the contract is a pointless document. No matter what people say about notice periods being the important factor, there can be other things in contracts that you should be wary about (e.g. warranty periods, termination clauses that may activate).

**Old Greg** · 8 September 2014, 07:46

It is true that notice can be given at any time, but this is a contract entered into in bad faith and I would be pissed off. The contract length should IMO state the intention based on current knowledge and plans, accepting that circumstances may change.

This may have no legal standing but I would be much more inclined to ditch the contract if something better came up (as an example of legal but not very 'nice' behaviour) than if they'd been straight.

**kal** · 8 September 2014, 08:41

Originally posted by Old Greg View Post

It is true that notice can be given at any time, but this is a contract entered into in bad faith and I would be pissed off. The contract length should IMO state the intention based on current knowledge and plans, accepting that circumstances may change.

This may have no legal standing but I would be much more inclined to ditch the contract if something better came up (as an example of legal but not very 'nice' behaviour) than if they'd been straight.

+1, Can't understand the logic of this, if the pimp is trying to pull something (no idea what) with the contract length then what else if he up to... is the OP sure its not a genuine mistake?

**KentPhilip** · 8 September 2014, 09:19

OP this is basically a good contract. 6 months, 12 months, who cares. Get on and do it, and stop whinging about what is a matter of little real importance.

**Bunk** · 8 September 2014, 09:22

I doubt there's much you can do from a legal point of view. If you're really unhappy about it your best bet is probably to keep invoicing in the meantime and look for another gig.

On the other hand, 6 months work is 6 months cash. If it had only been a 6 month contract offered, would you have turned it down? Or did the pimp pull the old "It's a 12 month contract so the rate is lower"? If that's the case I would be pi**ed off too, and would definitely start looking for something else, but then I wouldn't have accepted that in the first place. Who wants to be locked into a lower rate for a longer period?

Agent sold me a pup...