Contract offered

[expat]

This is whats known to a real business as a "cost of sale" and happens to companies up and down the land every day of the week.

Yes, it's one of the costs of doing business. The rate you bill covers ths happening from time to time. If it doesn't, youre not billing enough. If they won't pay a rate that is enough to cover the costs of doing business, they don't want a contractor, they want a cheap disposable employee. You can if you like.

[BlasterBates]

No ...tough one.

Doesn't often happen, but until the contract is on paper, it would be difficult to get anything out of them. The trouble is you haven't got any evidence of a notice period, so they may just say there wasn't one, which unfortunately is perfectly legit.

[Denny]

This is whats known to a real business as a "cost of sale" and happens to companies up and down the land every day of the week.

Many times I have been told "Its in the bag" and even had emails with similar positive sounding news as that you received but this is not the same as a formal offer of a contract.

Yes, its very frustrating but just put it down to experience.

If I were an agency and received an invoice for "wasted time" on a contract that was never agreed formally (i.e. signed) then I would file it under "B" for bin (or bollox)

An agency has a obligation legally to ensure that roles are live, otherwise they incur costs for the contractor that are illegitimate. Therefore, this gives rise to a bona fide claim for expenses.

[ratewhore]

that would be interesting to see followed through. Anyone been successful in this?

[privateeye]

that would be interesting to see followed through. Anyone been successful in this?

I've forced an agency into paying for a contract that was not quite live. The contract was live in the fact it was for one month only but the agency said it was for 6 months and signed that contract - then immediately gave 1 months notice. Pointed them towards the Thefts Act section on Obtaining Services by Deception. Their solicitors recomended that I was paid any loss which they did - they were not too happy that I obtained the client contract which proved the contract was only ever for 1 month and that I was lied to.

If you can prove you were deliberately misled then you have a good case for criminal charges. The trouble is proving it of course.

[ratewhore]

Nice one

[IT contract agent]

An agency has a obligation legally to ensure that roles are live, otherwise they incur costs for the contractor that are illegitimate. Therefore, this gives rise to a bona fide claim for expenses.

how do we ensure roles are live? what obligation have agencies got?

[eternalnomad]

signed that contract

Well Done privateeye!

the key difference between your case and the other chaps being...

a) you appear to have actually started the work that was required
b) you had a signed contract


If either of the two above dont apply then I reckon life is just too short to make a fuss.

I invited a plumber around to my house a few months ago because we were thinking of upgrading the bathroom to make a sale easier - I basically told him that he virtually had the job but he needed to send a written quote ("Statement of Works") which I could then formally accept in writing.

In the time it took for him to issue written quote paperwork (i.e. weeks) I decided it wasnt economically feasible to have the work done so I called him to let him know the reason. He was not bothered either way.

Needless the say I wont be expecting the plumber to invoice me for his time and petrol to give me the quote....he will just put it down to experience and as a "cost of doing business"

[privateeye]

signed that contract

Well Done privateeye!

the key difference between your case and the other chaps being...

a) you appear to have actually started the work that was required
b) you had a signed contract


If either of the two above dont apply then I reckon life is just too short to make a fuss.

I invited a plumber around to my house a few months ago because we were thinking of upgrading the bathroom to make a sale easier - I basically told him that he virtually had the job but he needed to send a written quote ("Statement of Works") which I could then formally accept in writing.

In the time it took for him to issue written quote paperwork (i.e. weeks) I decided it wasnt economically feasible to have the work done so I called him to let him know the reason. He was not bothered either way.

Needless the say I wont be expecting the plumber to invoice me for his time and petrol to give me the quote....he will just put it down to experience and as a "cost of doing business"

I think it all comes down to what expense you have incurred - if you have turned something down to do a signed contract then I think it could be persued - all depends how much you lost/could lose that makes it worth it or not. In the plumbers case he probably just brought forward his other customers. In a contractors case this is less likely due to the process of getting a new contract. People just shouldn't lie in the first place then this situation would not arise - if you can't do the time then don't do the crime.

I had offers of other work so the agent inflated the contract terms to make his choice more appealing - that just ain't on when I had turned down other honest offers.

[privateeye]

how do we ensure roles are live? what obligation have agencies got?

One big mistake that I've seen agencies make is get too excited when they have a lead for a role and go through the whole process of filling it before its live - it is best to at least check with the financial people/signatories in the client to see if your contact has the correct authority. Lots of HR people are complaining at the moment that departments are just going off on their own tangents regarding recruitment going through the advertising etc and then presenting a purchase order to finance who then veto it. Its not fair on agent or contractor.

I had it once when a recruiter called me to see if I needed anyone and I said we were waiting clearance from finance - it was on jobserve almost immediately and CVS were coming in thick and fast. We hadn't even made a decision yet.