Can Agency re-issue an amended contract before the current one has ended?

**jamesbrown** · 30 November 2022, 15:53

Effectively, yes, because they will be terminating the existing contract (which will have termination clauses) and issuing a new contract.

Of course, you can check what they are doing against the termination clauses and you can negotiate before signing the new one but, unless the power is with you (it sounds like not), you may not have much mileage. Even if there is a breach of contract w/r to termination clauses (there won't be), it would be hard to gain anything from that unless you can demonstrate loss.

**northernladuk** · 30 November 2022, 16:00

Originally posted by jamesbrown View Post

Effectively, yes, because they will be terminating the existing contract (which will have termination clauses) and issuing a new contract.

This. The chain of events is a bit hidden but it will be Termination of original contract - Sign new contract. It's not just swapping. What I would be checking is what the termination clause on your old contract is. I'll guess one week but could be more or it could be less. Either way, by issuing a new contract the agent has given their intention to terminate the old one. I would just check that the difference between intention to terminate and signing of the new one is the same as the termination clause in your old contract. If you get me.

What I'm trying to say is, they told you Monday and want it signing my next monday yet you have a 30 day termination clause then technically your old one will run for 30 days before the new one kicks in.

I say technically. Really they hold all the cards and any arguing isn't going to amount to much. You could point out the old clause if it's in your favour and suggest you work out the termination of the old one by signing but it's likely to get the agents back up and come to naught. They have a contract, if you want it you are likely going to have to bend over.

**eek** · 30 November 2022, 16:40

Got a similar email with a new contract.

worse the initial contract was issued after the NI change was announced so it’s a change in t&cs they should have been aware of when I started the contract.

We need to work out if the person playing games is the end client or the lead agency.

**Lance** · 1 December 2022, 12:50

Originally posted by Willy Win View Post

Can they legally ask me to sign a new contract with a new start date in the future but with the same end date when I am still in contract with the current one or can I refuse? Not sure why they are doing this quite frankly. I am paid via an umbrella

Sure they can.
And you can legally refuse. You might (probably) end up without a job though.

**gables** · 1 December 2022, 15:35

Originally posted by eek View Post

Got a similar email with a new contract.

worse the initial contract was issued after the NI change was announced so it’s a change in t&cs they should have been aware of when I started the contract.

We need to work out if the person playing games is the end client or the lead agency.

Are we at the same client? I've not got a new contract (yet) as such but an extension on the rate originally agreed, but I know the rate will go down by 1.25% on 12th December.

**northernladuk** · 1 December 2022, 22:22

Originally posted by gables View Post

Are we at the same client? I've not got a new contract (yet) as such but an extension on the rate originally agreed, but I know the rate will go down by 1.25% on 12th December.

Could be worse, your rate could go down and also find out you are working with me

**SueEllen** · 3 December 2022, 09:09

You all working for the same agency?!

Spooky....

**eek** · 3 December 2022, 09:28

Originally posted by SueEllen View Post

You all working for the same agency?!

Spooky....

Nope same end client (bank)

**SueEllen** · 3 December 2022, 12:23

Originally posted by eek View Post

Nope same end client (bank)

You know you weren't suppose to answer that?

Can Agency re-issue an amended contract before the current one has ended?