Leave before signing agency contract

[hgllgh]

I have been in a new contract for 3 weeks but the drive is proving tiresome and the actual work is not what was described in the interview.
As luck would have it I've been offered another contract which has been signed off and is ready to go and I've accepted verbally.

The agency contract (for my current contract) that I would have signed stipulated 2 weeks notice but as I haven't signed it then would I be right to say that there is effectively no notice period? (I don't think they'll play hardball over notice as I got along with them and actually done quite a lot in the 3 weeks, but there's no real handover needed.)

[TykeMerc]

If you bail without notice (which my personal morals wouldn't allow me to do) then I'd expect you to struggle over getting paid.

As far as the contract goes it's quite reasonable for the agency to regard it as signed as you've been working on the placement for 3 weeks.

In my book what you're planning to do is wrong on many levels and the kind of thing that gives contractors in general a bad name. The client and agent will have to spend time, effort and money replacing you simply because you've changed your mind and won't stick to your commitments. You will get no sympathy from me if they make you pay for their effort by refusing to pay you.

[hgllgh]

I'm not bailing without notice, I intend to agree notice with the client.
This is the first time I've done this but it can happen that, in any type of engagement in life, that you start something and realise its not for you.
Also, As I explained, the work is not as described in the interview so I have grounds.
So I think I should be paid for work carried out.

[thunderlizard]

Have you invoiced yet? If so, that's a pretty good indication that you accepted the terms of the contract, signed or not. If not, you might have a leg to stand on.

[northernladuk]

If you bail without notice (which my personal morals wouldn't allow me to do) then I'd expect you to struggle over getting paid.

As far as the contract goes it's quite reasonable for the agency to regard it as signed as you've been working on the placement for 3 weeks.

In my book what you're planning to do is wrong on many levels and the kind of thing that gives contractors in general a bad name. The client and agent will have to spend time, effort and money replacing you simply because you've changed your mind and won't stick to your commitments. You will get no sympathy from me if they make you pay for their effort by refusing to pay you.

Totally agree with the comments above. You knew what the drive was, just because you can't hack it isn't the clients or agents problem. You were fully aware of what was required. The fact that the job is different to what you expected also sounds like a cop out based on the little evidence you supplied. If you applied to be PM and ended up coding then maybe but we don't know the details. I have a feeling it isn't a million miles off and it is only you that believes it is different as part of your excuse to slide out.

By being on site you have accepted the terms of the last contract available. There is a term for this but I can't remember what it is. Implied acceptance or something. You could argue about it a lot before hand but if it ever got to court I think you would lose. If you use your own excuse that you don't have to give notice do you accept that the agency does not have to pay you? You didn't sign so by your own argument he doesn't have to pay.
I think the fact you said yes you will do the job after seeing the contract also constitutes verbal acceptance as well.

Pretty low thing bail let alone considering not giving the agent/client any notice. This mindset will come back and bite you badly at somepoint.

[SueEllen]

Regardless of whether your contract is signed or not by actually starting work your actions have deemed in English law that you have accepted the contract. (Other laws in the UK differ slightly.)

The fact that the role isn't as described at interview cannot be proven unless you have it in writing as the other parties involved will deny it. Plus if you are arguing misrepresentation of the role to void the contract you should have left within the 1st week without a new role to go to.

The long drive isn't relevant in this discussion.

Therefore to get out of the contract you need to give 2 weeks notice. Your contact should state in it that you don't have to accept work offered to you. However don't expect to get paid without a large struggle i.e. taking the agent to court if you give notice and go down that route. They also may find a reason to counter sue you.

[Wanderer]

If you were given a contract and then started work then you've accepted it. If it's not working out as you planned then have a an honest discussion with the client, mostly I've found that they are reasonable and will negotiate an orderly handover and might negotiate your notice period down (though two weeks is pretty short anyway). Make sure the client is happy and that way the agency can't try any stupid tricks like not paying you...