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Subject to Contract

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    Subject to Contract

    Hello all,

    No doubt this post will generate some conflicting replies as it has come up many times before, but it's more the legal position I'm interested in.

    I had a telephone interview last week for a role. Half an hour later, to my surprise, the agent called to say they'd offered me the job - I'd expected an additional test and face-to-face. I didn't want to accept right away as I was waiting to hear about another role. I stalled for a couple of days but in the end - thinking 'a bird in the hand' - I verbally accepted, 'subject to contract'. Contract duly arrived via email but I have yet to sign or return it.

    Inevitably, the other role has now appeared, the rate is the same but the location is better, the length longer and more importantly it gives me a chance to gain skills and experience that the other role doesn't offer.

    I know that there are those who will say that it's unprofessional to verbally accept and then withdraw; and there are those who will say that I should just look after number one. Obviously I'd prefer the second gig (or I wouldn't be posting) but I'm wondering what the legal position is. I did say 'subject to contract' and I haven't signed the contract, so can I be bound by a verbal agreement? The contract has been signed by the agency but i noticed that its been dated 31st of January (when the contact is due to start)

    Anyway I just wondered if people who know more about contract law than I do could tell me anything

    #2
    State to the agency 1 that you are getting the contract reviewed.

    Then a day later send them a list clauses in the contract that you don't like. Ask them to change them i.e. notice clauses, opt-out clauses, restraint of trade, working practises, MOO etc.

    Then once you have and signed the new contract from agency 2 which you actually have got reviewed in 24 hours tell agency 1 then you cannot accept their contract as something else has turned up from a company you have dealt with before.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #3
      You are fully entitled to decline a contract opportunity that is subject to contract. It happens all the time. They will have other candidates to look at so I'd suggest you respectfully decline and then move on.

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        #4
        it'd be better if you had the "subject to contract" in an email you sent them.

        the agent will likely be pretty upset, but I wouldn't worry about it.

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          #5
          Originally posted by mavster07 View Post
          You are fully entitled to decline a contract opportunity that is subject to contract. It happens all the time. They will have other candidates to look at so I'd suggest you respectfully decline and then move on.
          This ^

          Declined many contracts over the years as something better popped up within days. Happens a lot when the market is very busy. As long as you haven't signed on the dotted line, there's no contract, so no problem, IMHO.
          nomadd liked this post

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            #6
            Thanks for the replies. Had the interview for the other gig this morning, got the job, called the agent regarding the previous job expecting a tantrum but she took it well, sounded sad more than anything else.

            Thanks again for the replies

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              #7
              Originally posted by SpliterOfLogs View Post
              Thanks for the replies. Had the interview for the other gig this morning, got the job, called the agent regarding the previous job expecting a tantrum but she took it well, sounded sad more than anything else.
              What, you didn't even get the "You'll never work in the city again" spiel? Business is looking up then.
              Free advice and opinions - refunds are available if you are not 100% satisfied.

              Comment


                #8
                Originally posted by Wanderer View Post
                What, you didn't even get the "You'll never work in the city again" spiel? Business is looking up then.
                I prefer 'You'll never waitress in Torquay again!"

                Anyone guess where it was from?

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                  #9
                  Originally posted by Wanderer View Post
                  What, you didn't even get the "You'll never work in the city again" spiel? Business is looking up then.
                  Ahhhh......haven't had that from an agent for a few years now. Particularly liked that, especially when the same agent phoned you back six months later with a vacancy in 'this city' or a client from 'this city' phoned the agent and asked for you specifically
                  When freedom comes along, don't PISH in the water supply.....

                  Comment


                    #10
                    Originally posted by stek View Post
                    I prefer 'You'll never waitress in Torquay again!"

                    Anyone guess where it was from?
                    Torquay.
                    "A life, Jimmy, you know what that is? It’s the s*** that happens while you’re waiting for moments that never come." -- Lester Freamon

                    Comment

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