Contract Withdrawal - legal help needed

**rootsnall** · 11 May 2007, 09:52

Originally posted by dd1978

hello, I got a long contract with a large company, but 6 days before the assignment started they 'withdrew' the contract. The contract had a termination notice in writing of 14 days that they had to give me and after chasing I finally received it the day before I was due to start. I told them I was going to invoice them for the termination notice but they insist that as the contract was unsigned it was not valid. However, correspondence from both myself and the agency after the contract was verbally agreed also deem the contract as agreed. They also stated that I should bring the signed contract on my first day and not to send it before hand. They agency stated that the contract was withdrawn as headcount was not agreed, however the same job is being advertised again today. Des anyone know if I can invoice them? (btw, I did sign the contract and have it here) Hope this makes sense!! Agency are being real g*ts about it. Thanks

Your contract will be with your agent not the client. Has the agent signed the contract. If they have you can invoice and pursue them according to what is written in your contract. Did the agency get you to sign an 'opt out' from the agency regulations ? If the agent has acted in good faith throughout and will not get any money from the client I'd be inclined to just forget it. If the agency have been "real g*ts" and you are short of something to do and fancy a battle then go for it.

**dd1978** · 11 May 2007, 09:58

my contract was with the agent but the company withdrew their contract with the agent so then the agent withdrew my contract. The agency did not sign the contract but as it was their contract anyway dont they agree to the terms?? And even though they followed up references which they said they would only do if i (contractor) agreed to the contract? Correspondence was also made after both parties agreed verbally. Does this not therefore mean that both parties agreed to it? And they told me there was no position which is why it was withdrawn but there obviously is as it is advertised again today

**dd1978** · 11 May 2007, 09:59

and there wa no opt out

**rootsnall** · 11 May 2007, 10:12

With no agency signature on a contract I'd be inclined to forget it. You may or may not have the law on your side but it sounds like it'll be a battle to me. There are others on the site who may be able to give you the low down. I assume you aren't in the PCG or similar ? If you are ring the legal helpline.

**tim123** · 11 May 2007, 10:46

Originally posted by dd1978

Agency are being real g*ts about it. Thanks

Well of course they are. They are the ones that stand to lose out through no (real) fault of their own. Whilst having a contract withdrawn at the last minute is a bummer, it is hardly the fault of the agency.

tim

**dd1978** · 11 May 2007, 12:13

thanks - i might have to put this one down to experience.

**BlasterBates** · 13 May 2007, 12:20

Without a signature forget it.

The agency will simply say that their verbal agreement was provisional on a contract from their client.

**dd1978** · 6 June 2007, 05:42

I know this thread was a long time ago - but after a long discussions, just been informed to send an invoice for the termination period and it will be paid by return. So I am happy with the result!

**Orangutan** · 6 June 2007, 08:14

Result.

One important point here seemed to be whether the agent had signed the contract or not.

In my experience the agent gets the contract I have signed then seems to hold on to it (presumably unsigned) until just before the start date, then sends me a copy of the signed contract.
Is this normal practise, or have I been taken for a ride ?
Fortunately for me this has not (yet) been an issue.

Contract Withdrawal - legal help needed