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accepting contracts

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    accepting contracts

    has anyone had any experience of accepting a contract verbally and then taking a contract elsewhere?

    What's the norm, are there any legal implications, are you tied to the first verbally accepted contract?
    "Ask not what you can do for your country. Ask what's for lunch." - Orson Welles

    Norrahe's blog

    #2
    Literally speaking a verbal contract is every bit as legally enforcable as a written one, that being said it's a hell of a lot harder to enforce for obvious reasons.

    Comment


      #3
      Originally posted by TykeMerc View Post
      Literally speaking a verbal contract is every bit as legally enforcable as a written one, that being said it's a hell of a lot harder to enforce for obvious reasons.
      In England, a verbal contract is not legally enforceable under hearsay rules. Agencies, like any other company, are not allowed to record conversations without the consent and knowledge of the person they are speaking to. In Scotland, a verbal contract is legally enforceable, but am unsure if both parties have to be in Scotland or just the company.

      However, I am not a Lawyer and the OP should seek legal advice before doing anthing potentially stoopid.
      If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

      Comment


        #4
        haven't done anthing yet.

        don't want to do anything unprofessional and jepordise a contract.
        "Ask not what you can do for your country. Ask what's for lunch." - Orson Welles

        Norrahe's blog

        Comment


          #5
          Originally posted by norrahe View Post
          haven't done anthing yet.

          don't want to do anything unprofessional and jepordise a contract.
          You may do more than jepordise a contract. You will lose valuable contacts with the agency who got you the role. They may never find you a role again and you may end up being stranded in the long run.
          If your company is the best place to work in, for a mere £500 p/d, you can advertise here.

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            #6
            I always accept "subject to contract" - like buying a house.

            Comment


              #7
              Originally posted by pmeswani View Post
              You may do more than jepordise a contract. You will lose valuable contacts with the agency who got you the role. They may never find you a role again and you may end up being stranded in the long run.
              Agency is not one i would normally use and the role is out of my usual area.

              am interviewing tomorrow for one role and have been put forward for other roles (which pay more and don't involve being out of the country for a year), also don't want to be pushed into making a decision too soon, as the clientco are pretty much deciding asap.

              it may be a case of first come first served in the current market
              "Ask not what you can do for your country. Ask what's for lunch." - Orson Welles

              Norrahe's blog

              Comment


                #8
                Originally posted by pmeswani View Post
                In England, a verbal contract is not legally enforceable under hearsay rules.
                Wot!

                That is rubbish. Verbal contracts are completely enforcable. The only issue is that there is often weak evidence what was actually said.

                As to your point about hearsay, if someone hears you say something that is direct evidence, not hearsay. Hearsay is "someone told me you said this".

                Originally posted by pmeswani View Post
                Agencies, like any other company, are not allowed to record conversations without the consent and knowledge of the person they are speaking to.
                Incorrect. A conversation can be recorded with the consent of one party. In this case, as long as the agent consents, it is legal.

                tim

                Comment


                  #9
                  Originally posted by moorfield View Post
                  I always accept "subject to contract" - like buying a house.
                  it's what i normally do as my accountant checks the contract for ir35 and other legal stuff prior to me signing.

                  but this all depends on how the interview goes tomorrow.
                  "Ask not what you can do for your country. Ask what's for lunch." - Orson Welles

                  Norrahe's blog

                  Comment


                    #10
                    Originally posted by pmeswani View Post
                    In England, a verbal contract is not legally enforceable under hearsay rules.
                    Bollox. A verbal contract is a binding contract under English law.

                    Originally posted by pmeswani View Post
                    However, I am not a Lawyer and the OP should seek legal advice before doing anthing potentially stoopid.
                    That much is obvious.
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