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not turning up for a contract

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    #11
    Originally posted by TheFaQQer View Post
    The difference between an IT contractor and a plumber is that normally, you don't have to advertise for a plumber to do the work, then wade through a load of CVs, put some forward for interview, get the client to interview them, sort out the contract.....
    I'm not saying it is right ! They need to negotiate and/or persuade. I'm sure it's not such a big deal for the agent/client so IMHO not worth losing out on 6 months work if things can be sorted out sermi amicably. It is easy being righteous when it's not your money at stake !

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      #12
      And that's only because there isn't a layer of Sanitary Recruitment Consultants convincing the world's toilet owners that if they hire a plumber who doesn't have
      (a) a team-player personality that will make him a strategic fit with your other bathroom appliances
      (b) experience of working with toilets in the exact same shade of green as your toilet (sorry mate, you've only got Avocado experience. The client will only accept Spring Lime)
      (c) all his paperwork 100% up to date since birth

      then the police will be leading you away under a nonexistent employment law, as the maverick plumber fixes an atomic bomb to your cistern.

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        #13
        They are being a bit harsh on here, with some reason, you are being unprof. but I do know people who have done this (NOT ME!) and nowts happened. The company are of course within their right to go after you for losses but it's limited to terms of contract, not all the stuff they are saying here.

        I think the no 1 rule of contracting is look after yourself (your rep included!) so you have to make a judgement call...

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          #14
          Originally posted by Jeebo72 View Post
          I think the no 1 rule of contracting is look after yourself (your rep included!) so you have to make a judgement call...
          Abso-kin-lutely mate. Well said. Look after yourself. 6 months over 2 weeks? you have to take the 6 monther. You shouldn't have told them but thought of a way of getting out of it ..."My Mum needs me up in Cockermouth, I have to sort what's left of her house..let me put in a comparable engineer and we'll knock 10% off the daily rate."
          " I have Swine Flu, can I start in 3 months time?"

          Do what you have to do..

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            #15
            While it's a crap thing to do to the client at last minute, for such a short term contract would not sweat it overly, especially at the expense of a 6 monther at higher rate, even if you do end up paying out (unlikely) you will still be in the black

            Plus, as agent's/clients generally don't blink at pulling a contract at last minute (to point that none of us consider a contract safe until worked at client for a few days) I cannot feel any sympathy for them, if agents/clients in general want contractors in general to act professional they need to do act like that themselves, instead of "tulipting on the little guy because they can"

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              #16
              Originally posted by Jeebo72 View Post
              The company are of course within their right to go after you for losses but it's limited to terms of contract, not all the stuff they are saying here.
              I don't think that's correct. Teacher v Calder established the right to damages providing a proof of actual loss was provided - if the agency has to readvertise, then they could sue for these costs.

              IIRC, Obagi v Stanborough (Developments) Ltd established that you could sue for loss of profit as well.

              Robinson v Harmann is probably worth a read as well, since that refers to restitution.
              Last edited by TheFaQQer; 8 December 2009, 15:05. Reason: Added Robinson v Harmann
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                #17
                Why Not??

                Hi
                Have you just considered asking the client for the 2nd contract if you can start two weeks later, tell them reason, explain you don't want to let anyone down, emphasize that you want to be professional.....

                Let us all know outcome please.....

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                  #18
                  i know someone local who could do this quite happily with no notice, if you want to exercise your right of substitution.

                  PM sent, get in touch if this is of interest.

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                    #19
                    Originally posted by SueEllen View Post
                    No you don't have a leg to stand on.

                    How would you like it if you hired a plumber to do part of your bathroom before Christmas who agreed to do the work but then turned around, and said one of the large houses up the road has 4 bathrooms to do so you can f*** off?
                    Like agents wouldn't do it to you?
                    Step outside posh boy

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                      #20
                      i did it once. i had my reasons. agency who i'd signed up with agreed with me and supported me. i suspect they bad mouthed me to the client i'd left hanging though.

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