Contract offer withdrawn

[currybelly]

Brief overview of the problem.

• I was involved in a project for a year up until July.
• Found myself at a loose end due to a contract opportunity being moved to the New Year
• Directly contacted the previous client to see if they had any short-term requirements and I was notified that they had an immediate and urgent requirement on the project I had left earlier in the year
• Had a call on the Wednesday and I was working on the Thursday with day rate and contract length agreed by email with the promise of formal contract in place prior to my first billing
• Worked for 11 days before being contacted by the outsourced “on-boarding” agency to tell me “congratulations you’ve got the contract”, I tell them I’m already at the client and have been for over two weeks.
• Next day the Programme Director was sacked
• The following morning I received an email saying I wouldn’t be let into the office because I hadn’t been through proper compliance procedures and I wasn’t to do any work until that process had been completed (this would be a minimum of a further 2 weeks due to CRB etc.)
• 1 day later I am told by the agency that my contract offer was being withdrawn by the client (no explanation as to why) and it was also inferred that I wouldn’t have the right to bill for my time to date

OK so I know that a whole bunch of you are going to come out and say my own fault for starting without sight of the full contract, but time was of the essence for both the client and myself and we were both known entities to each other.

Regardless of whether due process had been followed by those engaging me on the project, in my (simple) mind, I had a valid contract as soon as I started in the role (backed up the email stating rate, duration and start date (i.e. next day!!) and I should technically be able to bill both for my time and the client notice period of 10 days.

I am taking advice on the matter, but would be interested to hear thoughts of those on this board.

Thanks

CB

[northernladuk]

Your contract is with the agency. They pay you. Doing what the client wants when you have no commercial arrangement isn't the way to do it.

[BolshieBastard]

Regardless of whether due process had been followed by those engaging me on the project, in my (simple) mind, I had a valid contract as soon as I started in the role (backed up the email stating rate, duration and start date (i.e. next day!!) and I should technically be able to bill both for my time and the client notice period of 10 days.

I am taking advice on the matter, but would be interested to hear thoughts of those on this board.

Thanks

CB

Well imo you didnt have a 'valid' contract as you didnt go through the client's screening process as they have said. They also sacked the Programme Director for what appears gross misconduct.

It appears the person who recruited you acted outside of company procedures. If you have any comeback, its with him.

I think you'll have a very hard job getting money out of anyone and just goes to show, no contract no work.

[BolshieBastard]

Your contract is with the agency. They pay you. Doing what the client wants when you have no commercial arrangement isn't the way to do it.

Er, he was direct!

[northernladuk]

Er, he was direct!

Er he wasn't. He CONTACTED them directly...

Worked for 11 days before being contacted by the outsourced “on-boarding” agency

[northernladuk]

By engaging you directly the PM probably bypassed all the policy and process around taking people on. That means it's highly likely you've gained access to the client system without proper authorization, H&S isn't covered and it's highly likely the company insurance won't cover you so it's a pretty serious situation. To the company you are just a body that's walked in off the street. In any company that is serious, even more so if it's financial or something.

He got sacked because he didn't know what he was doing and you've been canned because you don't know what you were doing either. You need to understand who your contract is with, who you get paid by and your relationship to your client.

Regardless of whether due process had been followed by those engaging me on the project, in my (simple) mind, I had a valid contract as soon as I started in the role (backed up the email stating rate, duration and start date (i.e. next day!!) and I should technically be able to bill both for my time and the client notice period of 10 days.

No you didn't because you haven't understood who the contract is with but good luck with that.

[BrilloPad]

You didn't have a contract.

For 11 days money - is it worth the hassle?

Move on.

[mudskipper]

I agree that if you have an email agreeing rate and start date, and you turned up on site and did work, that constitutes a contract - assuming there was no mention of an agency at that point.

As you say, you need professional advice. If you're an IPSE member, try their legal helpline.

[BolshieBastard]

Er he wasn't. He CONTACTED them directly...

Worked for 11 days before being contacted by the outsourced “on-boarding” agency

Oh no he wasnt!

As I see it, he contacted the client directly and got taken on directly by the Programme Director. The PD probably approached the client's preferred agency and said to get him signed up before being sacked for his part in this.

Its a legal minefield but I think he was direct then put to the agency by the PD. The agency can say the 'client' took him on and passed him onto them. I think the agency are home and dry myself.

[northernladuk]

I agree that if you have an email agreeing rate and start date, and you turned up on site and did work, that constitutes a contract - assuming there was no mention of an agency at that point.

As you say, you need professional advice. If you're an IPSE member, try their legal helpline.

Surely if he worked there before he'd know there was an agency involved. I don't think the courts will look too favorably on someone creating an implied contract, rocking up to work and the client having to carry the can for it. That said the guy was an employee of theirs so technically they could be held liable.

I can't help thinking though there is someone else here that's potentially lost out... the agent. If I was them and I'd lost a chunk of money from the OP's actions I'd be coming after him for the losses. I can't help thinking slinking out of this one sideways nice and quietly is a much better plan... but.. As MS says, there could be a case there from the client.