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Renewal/extension of contract but no actual paperwork?

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    #11
    Originally posted by moony1234 View Post
    Surely in theory I may have never agreed to the extension or the rate decrease?
    If you turn up and continue working you agree to the latest T & Cs

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      #12
      Originally posted by moony1234 View Post
      Surely in theory I may have never agreed to the extension or the rate decrease?
      If you're still going to site and working/billing, doesnt that imply your acceptance regardless of an actual signature?

      The usual IANAL disclaimer applies....

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        #13
        Originally posted by Mr.Whippy View Post
        If you're still going to site and working presumably billing, doesnt that imply your acceptance regardless of an actual signature?

        The usual IANAL disclaimer applies....
        That could be the case... I really don't know, never had a no notice contract before.

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          #14
          Originally posted by Mr.Whippy View Post
          If you're still going to site and working/billing, doesnt that imply your acceptance regardless of an actual signature?

          The usual IANAL disclaimer applies....
          Indeed it does
          Every Saint has a past, Every Sinner a future"


          Originally Posted by Pogle
          I wasnt really into men at the time - IYKWIM

          HTH

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            #15
            Originally posted by moony1234 View Post
            a letter confirming renewal and the new rate was sent to me but nothing was signed etc.


            Originally posted by Pondlife View Post
            If you turn up and continue working you agree to the latest T & Cs
            WHS

            Originally posted by moony1234 View Post
            That could be the case...
            It is the case. They wrote to you with new T&Cs, you admit you have received them, you turned up.

            You are now on the lower rate; there is no need to sign anything.

            Sorry.
            My all-time favourite Dilbert cartoon, this is: BTW, a Dumpster is a brand of skip, I think.

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              #16
              Ok... thanks.


              So is the only way out of the contract to invoke the substitution clause [and find someone as a sub.] or to get the client to somehow give me notice?

              Comment


                #17
                I know this is probably getting old now [and I will be seeking legal advice tomorrow] but does this clause help me out at all;

                "There is no mutuality of obligation in this contract on the part of the Employment business to offer the contractor projects and where it is offered the contractor is under no obligation to accept the projects."


                Thanks again...
                Last edited by moony1234; 5 August 2009, 18:17.

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                  #18
                  How long have you been turning up under the new extension/rate?

                  If your contract was up last week just tell them you're not happy with the new rate and won't continue under it.

                  If it was a couple of weeks ago, why did you accept (kept on working) if you want to jump ship or were not happy with the terms.

                  Either way it's largely irrelevant. The lack of obligation on your side to accept work means legally there's not much they can or would do. It's just your professional reputation and relationship with this client that is at stake now.

                  You either agreed to do some work and have changed your mind or you are not happy with the proposed new conditions and are refusing to work to them. The former will damage your reputation with the current client, the latter is fine IMHO.

                  Which one is it?

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                    #19
                    Tell us why you agreed a rate cut.

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                      #20
                      Originally posted by Pondlife View Post
                      How long have you been turning up under the new extension/rate?

                      If your contract was up last week just tell them you're not happy with the new rate and won't continue under it.

                      If it was a couple of weeks ago, why did you accept (kept on working) if you want to jump ship or were not happy with the terms.

                      Either way it's largely irrelevant. The lack of obligation on your side to accept work means legally there's not much they can or would do. It's just your professional reputation and relationship with this client that is at stake now.

                      You either agreed to do some work and have changed your mind or you are not happy with the proposed new conditions and are refusing to work to them. The former will damage your reputation with the current client, the latter is fine IMHO.

                      Which one is it?

                      The new rate came into play around mid-june, so over a month...

                      Basically the commute is too much for me and my health, especially now the rate has dropped, and also the job is nothing like the original advert, i.e I basically get to work and look at the clock for 8 hours, then go home...

                      I guess its a combination of not happy with the new rate and no longer wish to work for this particular clientco...


                      It doesn't help that I have pretty much been offered a 12 month contract 3 miles away from home....

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