Would I be held to contract in this situation?

[curtis]

Long story short (ish!) -

Offered a job nearly 2 weeks ago. Contract signed sent back.
Due to start 18th Oct.
18th Oct - I can't start as I need to sign some internal paperwork which they have processes for etc etc and been delay.
Start date was put forward till this Monday.
Got told Friday that I still can't start Monday(yesterday)as still sorting stuff out and now been pushed to next Monday.

I do tend to keep looking to a small degree for other jobs/keep my CV updated on job boards up untill I start a job just in case it falls through but would not be 100% comfortable walking away from a role if contract has been signed even if I have not yet started yet but obviously there has to be a limit like in most situations, in what is acceptable/what you would put up with etc.

This made me think and my question is how long could a company keep doing this and how would I stand given the contract has been signed from walking away from this role because of a never happening start date!!

Its a 3 month contract so for example if this went on and on and a month later or maybe longer I still had not started could the agent effectivley say' you have a contract you have to wait the whole 3 months if need be before your out of contract' and could start saying I need give them the notice period of a month set in the contract if I wanted to start another one.

[DS23]

keep looking. if something else pops up that you prefer - take it. you really need to turn up for work (cross the client threshold or provide a deliverable) before the contract bites.

[northernladuk]

I would say carefully consider your situation rather than try asking a generic question. It wouldn't be the first time I have been delayed like this at the start of a contract and I am sure it is not the last. In all cases I waited it out and started. One thing I would try and push for is payment while they delay, your contract has already started so technically you should be being paid. I mentioned this in most cases and in one they actually paid me the week I was delayed. Wouldn't hold your breath but it is worth a punt.

You need to think about the client and relationship you may have in the future. If you bail at this stage you are gauranteed you are going to get one pretty pissed off client and agent so can kiss any further work goodbye. I would say you are in contract so are bound to the terms. You can't work so they can't pay but never the less you have signed commitment and would be expected to honour it. If you don't people are going to get upset. If you really do have to give notice expect a bunfight but remember your contract isn't worth the paper it is written on unless someone wants to take it legal.

How long do you expect to be delayed, paperwork etc often happens and 2 weeks isn't unheard of? Just put it down to the nature of our work. If any expectation is being set that isn't acceptable, 4 weeks or so then yes, tell the client you have an obligation to yourself to make sure you have work and will be searching for jobs but don't blackmail him over it.

If you can get an interview and a job in the time it takes to sort this then good on you, I certainly couldn't in the current market. At the end of the day feel free to look around and put feelers out incase and don't worry about the issue until it arises I guess. Might be worrying about something that just won't happen.

[SueEllen]

If you read your contract properly you should have terms that state that the agency and client have no obligation to supply work and you have no obligation to accept it.

This means that if you find a better contract due to their delay and you start working on it then you can simply tell them that that you aren't accepting any work from them.

In regards to p*ssing of the agency I wouldn't worry about it. Recruitment consultants tend to move around. In regards to p*ssing of the client you should always ensure you have contact details of the client so you can blame the agency.

[BolshieBastard]

If you read your contract properly you should have terms that state that the agency and client have no obligation to supply work and you have no obligation to accept it.

This means that if you find a better contract due to their delay and you start working on it then you can simply tell them that that you aren't accepting any work from them.

In regards to p*ssing of the agency I wouldn't worry about it. Recruitment consultants tend to move around. In regards to p*ssing of the client you should always ensure you have contact details of the client so you can blame the agency.

Depends which agency though. Computer People, Adecco and I think Spring now have clauses in that state if you sign the contract and dont start for whatever reason the contractor \ Ltd Co will be charged upto 500 quid to compensate the above agencies.

Now, please dont anyone say 'I wouldnt take a contract with them' since your previously regular client may have signed a sole supplier agreement with one of them.

Yes, one could argue they've caused the delay etc etc but I guess it could get costly to resolve.

[Wanderer]

Depends which agency though. Computer People, Adecco and I think Spring now have clauses in that state if you sign the contract and dont start for whatever reason the contractor \ Ltd Co will be charged upto 500 quid to compensate the above agencies.

and some people would pay it too.

Are the agency going to pay ME 500 quid if the client decides not to go ahead with the contract? No? Then they can go forth and multiply.

[Old Greg]

Depends which agency though. Computer People, Adecco and I think Spring now have clauses in that state if you sign the contract and dont start for whatever reason the contractor \ Ltd Co will be charged upto 500 quid to compensate the above agencies.

Now, please dont anyone say 'I wouldnt take a contract with them' since your previously regular client may have signed a sole supplier agreement with one of them.

Yes, one could argue they've caused the delay etc etc but I guess it could get costly to resolve.

IANAL but I wonder if that is enforceable. They would need to show they had suffered a loss. IMVHO.

[mavster07]

Bit of a strange one this.

But I would have thought that if you signed the contract and sent it back but they've not counter-signed it and issued you with a signed copy, then there is no properly formed contract. Only an 'intent' to contract which is different.

So if it were me, I'd find another contract as any client will realise that you won't hang around forever.

[SueEllen]

Bit of a strange one this.

But I would have thought that if you signed the contract and sent it back but they've not counter-signed it and issued you with a signed copy, then there is no properly formed contract. Only an 'intent' to contract which is different.

So if it were me, I'd find another contract as any client will realise that you won't hang around forever.

It's not strange it's true.

Agencies tend not to want to sign contracts because they can't find the "right" person in the company to sign them, so this means if you don't start working for the client then there is no contract.

Edited to say: If you had got this in yesterday it would have been on the news section.

[BolshieBastard]

and some people would pay it too.

Are the agency going to pay ME 500 quid if the client decides not to go ahead with the contract? No? Then they can go forth and multiply.

If you have signed the contract (as in the position of the OP) then yes the agent would be contractually entitled to charge you 500 quid and seek a judgement if you didnt pay.

As for would the agent pay YOU if the client decided not to go ahead, well providing you had that clause in YOUR contract you would be entitled to charge them the stated amount.

You're supposed to be a contractor so exactly how hard is that to figure!?

IANAL but I wonder if that is enforceable. They would need to show they had suffered a loss. IMVHO.

Funnily enough, an agent tried to have this in my contract. I took legal advice with a contract review and was assured it was enforcible once the contract was signed and the agent could seek to recover lost income and monies expended arranging the contract.

The contract reviewer made certain this clause was removed and I did not step foot on site until it was.

Never ceases to amaze me the number of contractors who will post on these forums 'Can agent or client do this or that? Its in my contract blah, blah, blah.' yet seem to think contract clauses agents put in the contract cannot be enforced.

Oh well, find out the hard way if you want, I say.