Will I get blacklisted by agencies if I back out of an offer

**dynamicsaxcontractor** · 14 July 2010, 19:30

Originally posted by cazzle View Post

I am about to leave a permie job for a contract where I will be working away from home. I haven't actually signed the contract yet but expect to receive it within the next few days.
I have now been asked to interview for another contract much nearer to home, and for the same rate.

If I get the second post (and I am fairly confident that I stand a good chance that I will), am I allowed to turn down the first contract after having said I'll take it? And if I do, will the agency put my name about as being unreliable?

Having been out of contracting for 10+ years, and never been in this situation in the past, I don't know the 'etiquette'.

Many thanks in advance for any advice.

The agent will get a bit upset with you but next time he has got a role you would be a match for he will phone you. After all, you are only stock to him and an agent only cares about cash.

**BolshieBastard** · 14 July 2010, 19:41

Originally posted by cazzle View Post

I am about to leave a permie job for a contract where I will be working away from home. I haven't actually signed the contract yet but expect to receive it within the next few days.
I have now been asked to interview for another contract much nearer to home, and for the same rate.

If I get the second post (and I am fairly confident that I stand a good chance that I will), am I allowed to turn down the first contract after having said I'll take it? And if I do, will the agency put my name about as being unreliable?

Having been out of contracting for 10+ years, and never been in this situation in the past, I don't know the 'etiquette'.

Many thanks in advance for any advice.

The agent will give you a bit of grief about it. If the agency you are going to let down is part of a group, its possible they may put a comment on your record that you backed out of an offer.

Some agencies are putting clauses in their contracts that once you sign and then back out, you have to pay them upto 500 quid (and if its a clause in the signed contract, it will be binding!). However, if you havent signed, there's not a lot they can do except badmouth you if they are really arsey.

**d000hg** · 14 July 2010, 20:04

Originally posted by BolshieBastard View Post

Some agencies are putting clauses in their contracts that once you sign and then back out, you have to pay them upto 500 quid (and if its a clause in the signed contract, it will be binding!

That really happens? If you get such a contract, try adding a clause the agency will pay you £500 if the contract is terminated in 1 month or less.

**TheFaQQer** · 14 July 2010, 20:13

Accept verbally subject to an agreed contract. Then stall them while you interview elsewhere if necessary.

Have the contract reviewed, which takes time, etc. etc. You can always make the contract unacceptable as a get out if you need to.

**Wanderer** · 15 July 2010, 00:32

Originally posted by BolshieBastard View Post

Some agencies are putting clauses in their contracts that once you sign and then back out, you have to pay them upto 500 quid (and if its a clause in the signed contract, it will be binding!).

Clauses like that aren't enforceable, they are just put there to frighten the noobies.

Possibly the exception to this would be if it was a balanced contract with a clause saying that if the client pulls out they pay YOU 500 quid...

The answer to the OP is that you can verbally accept an offer "subject to contract" and then pull out if something better comes up. Just hunt through the contract and tell them you don't agree with a load of terms and then when they refuse to bend over backwards, tell them you won't accept their contract terms so no deal and then go with the contract you wanted.

Be prepared for a load of grief from the agency but I don't think it will do you any long term harm.

**Scrag Meister** · 15 July 2010, 06:57

Originally posted by Wanderer View Post

Be prepared for a load of grief from the agency but I don't think it will do you any long term harm.

WWS

No long term harm, just a p'd off gent for a while, but hey they cause us enough grief in different ways seems only fair.

**SueEllen** · 15 July 2010, 07:40

Originally posted by Wanderer View Post

The answer to the OP is that you can verbally accept an offer "subject to contract" and then pull out if something better comes up. Just hunt through the contract and tell them you don't agree with a load of terms and then when they refuse to bend over backwards, tell them you won't accept their contract terms so no deal and then go with the contract you wanted.

Be prepared for a load of grief from the agency but I don't think it will do you any long term harm.

WHS

**gingerjedi** · 15 July 2010, 07:42

Originally posted by dynamicsaxcontractor View Post

The agent will get a bit upset with you but next time he has got a role you would be a match for he will phone you. After all, you are only stock to him and an agent only cares about cash.

I always thought that until I turned down an offer, a well known agent from Sanderson used to ring me every month for an update... not heard a peep since it happened.

**cazzle** · 15 July 2010, 12:09

Thanks for all your advice. I am tempted to do as you say & sod the agent, but unfortunately they are one of the large preferred suppliers into a niche market (high security clearance government).
Does anyone have any experience of this particular problem?

Will I get blacklisted by agencies if I back out of an offer