Originally posted by northernladuk
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Misrepresentation in "selling" a contract?
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Originally posted by Whumpie View PostOk, to answer some of the questions:
1. I was approached by an agency, appointed and briefed by the end client. Where the responsibility ends up, I'm not sure, but the person who set the ball rolling for the recruitment has admitted they should have offered a three-month contract, but it's harder to get applicants.
2. The contract itself said six months, as did the offer and the blurb about the role.
3. There was absolutely no indication of any issue at three months, but it has now come to light that there was never an agreement in place for a six-month engagement.
4. There is a direct financial loss: £35k that I could reasonably have expected to earn had I taken the other contract. Down here in the South West in my profession it is not unusual to take three months to find a contract.
I think the most valid point that's been made here is the 'Consumer' point. If this was me buying something, I'd definitely have a case. The wording of some papers I have read do not specify 'Consumer' and the law is spread over many amendments and acts going back to the Sale of Goods act in the 19th century! I'm not about to read all that and would probably get it wrong anyway - so I'll see what a lawyer says and report back.
Good luck. There are several thousand years of experience here of people who have been through the same tulip multiple times.
If you do suceed you will not need to report back. There will be a movie about your plight starring Russell Crowe or Benedict Cumberbatch.
It5 sucks OP, but part of the game.Comment
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Originally posted by Whumpie View PostOk, to answer some of the questions:
1. I was approached by an agency, appointed and briefed by the end client. Where the responsibility ends up, I'm not sure, but the person who set the ball rolling for the recruitment has admitted they should have offered a three-month contract, but it's harder to get applicants.
2. The contract itself said six months, as did the offer and the blurb about the role.
3. There was absolutely no indication of any issue at three months, but it has now come to light that there was never an agreement in place for a six-month engagement.
4. There is a direct financial loss: £35k that I could reasonably have expected to earn had I taken the other contract. Down here in the South West in my profession it is not unusual to take three months to find a contract.
If the agency thought you were going to be like this they should have not given you notice, just asked you not to attend site again. You got a gauranteed 6 month contract, you just couldn't have earned a penny in that time. Same outcome.
I think the most valid point that's been made here is the 'Consumer' point. If this was me buying something, I'd definitely have a case. The wording of some papers I have read do not specify 'Consumer' and the law is spread over many amendments and acts going back to the Sale of Goods act in the 19th century! I'm not about to read all that and would probably get it wrong anyway - so I'll see what a lawyer says and report back.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by Whumpie View PostThe loss is the difference between what I have earned here compared to what I could have earned on the other contract, save for unforeseen circumstances. In this case, about £35,000. T'ain't small beans.
You can't disregard unforseen circumstances in the future contract when it's the same thing that's put you in this position. It's a factor and has to be considered.
No chance anyone will award 35k on a might have scenario. It will only be on demonstrable qualified losses, of which this is neither.
And you can still earn it. Gig has ended so go get another. The fact you can't find another is no ones problem but yours.Last edited by northernladuk; 17 July 2019, 16:38.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by Whumpie View PostActually, no - the agency has a duty of care to verify what they advertise and promote, and the client can not knowingly brief with misleading information. You can't just say what you think you need to in order to get a signature, knowing it's incorrect. The question is not whether you're supposed to do these things, though - the question is whether the law, which is really old, provides a legal means to redress given these relatively modern circumstances.
Anyway good luck.Last edited by BlasterBates; 17 July 2019, 17:09.I'm alright JackComment
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OP you will spend up to £35k in legal fees move on & it sounds like you are just not cutout for contracting this happens ALL THE TIME!Comment
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Originally posted by Whumpie View PostLegal types - your advice would be appreciated!
Three months ago, after three months out of work, I had a choice of two contracts on the table (yep - they're like buses!). I chose the one that seemed a bit 'safer' having had a few months out of the game and needing stability. Both were 'sold' as 6-month roles with a good chance of extension - and I checked this in the interviews.
Last week, three months in, I was told my client were ending the contract on a week's notice for handover. It turns out that they never did have approved funds for 6 months and nobody is surprised that it's being cut short. The person responsible for briefing the recruiter said it was "just what they always do" and then admitted "perhaps we should have put three months". Her attitude seems to be "you earn a lot you should expect this kind of thing".
The Misrepresentation Act of 1967 appears to suggest that I have a case for reparations here. Does anyone have any specific experience or knowledge that may help me decide whether to take further action? I don't want to burn bridges, but this is £35k we're talking about and their misleading claim genuinely caused me to make the wrong decision at what may be a huge cost to my finances - and I can't afford another 3-month gap to my next contract.
Misrepresentation Act 1967
Any help appreciated.Comment
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Going legal will be a complete and utter waste of your time and will gain nothing for the reasons stated above.
Annoying but move on and find a new contract.Comment
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Originally posted by SussexSeagull View PostGoing legal will be a complete and utter waste of your time and will gain nothing for the reasons stated above.
Annoying but move on and find a new contract.
Sent from my iPhone using Contractor UK ForumComment
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