Contract Issues - advice for what I can and should do.

[Buxton2000]

Here is my situation,

Contract A has been slow going, originally agent contacted me in back end of Dec. Interview mid Jan Contract offered over two weeks ago. I signed a flimsy contract, which had a start date and payment terms etc. and was due to start on a Monday, got no info all week about where I should start, but last thing on the Friday before I was due to start I contacted the people I was working for, they said oh "they no longer require me on site the following Monday, and didn't know when I would be starting at that point, had internal issues with paperwork etc". Sounded like it was down the pan. A whole week passes by (which I was supposed to be working at this point, still in contact from anybody, with not a sausage from the agent. At the end of that week (The the Friday just gone) agent contact me with starting information, out of the blue last thing on a Friday again. So far so good, but here is the problem...

Contract B was originally talked about on Wednesday just gone. Had Interview Thursday, Invited me in for a Working day on Friday, Formal offer made to me Friday afternoon and contract is in my inbox from agent waiting to be signed. Meetings and everything set up next Monday call from people I worked with and they are looking forward for me to start on Monday.

Contract A is long distance and pays minimal, Contract B is close and pays much better. Both have same notice period and length of contract.

Contract A has been signed and returned but since noticed that my company name nor address appear on the contract anywhere, does this make it invalid? There is a field for it but it has been left blank and this is the first time that has ever happened for any contract.

Contract B was offered before I knew what was happening with Contract A, which I already believed (at the point I received Contract B) was going to fail or was in Breach so was considering options for it anyway.

Contract A went into Limbo, I wasnt getting paid, looked like it was going to fail, no messages from the agents but then get a e-mail last thing on a Friday to start on the following Monday.

Adtionally Contract A does not have my company details written on it anywhere. - Would this make it Invalid?

1) No payments will be received for the week I have had to sit around in Limbo from Contract A - Isn't this a Breach of Contract? I was available to work and could have started but got told I wasn't required to start at that time. Can I claim a retainer fee if I decide to go with Contract A as I had an offer for work (contract B) in that same limbo week so would have to turn down Contract B to start on an unknown quantity in Contract A. I could have turned down Contract B and lost Contract A and not have any work right now !!!!

2) If Contract A has breached technically - can I sign Contract B and start working for them which is obviously more beneficial to my business.

3) How do I deal with Contract A? Do I need to give notice? Do I state that the contract is Invalid, do I put forward a Breach of Contract?

Thanks for any advice on this complicated one.

[escapeUK]

As we often see on this forum, a client can decide instantly they dont need you after all, or the budget hasnt been approved or some such rubbish. It works both ways.

Client A pays minimal? Client B pays much better and is closer. Its not a difficult decision is it? And Client A sounds incompetent too. Think about this, if you turn down B, and go with A and then a month later A decides they dont want you, how stupid are you going to feel?

[PropertyCrashUK]

As we often see on this forum, a client can decide instantly they dont need you after all, or the budget hasnt been approved or some such rubbish. It works both ways.

Client A pays minimal? Client B pays much better and is closer. Its not a difficult decision is it? And Client A sounds incompetent too. Think about this, if you turn down B, and go with A and then a month later A decides they dont want you, how stupid are you going to feel?

I think the OP has decided that contract B is the better option but that he/she has already signed contract A and wants to find a legal way out of it.

I don't have an answer as I ain't a legal bod and I guess it all depends on how hardball the agency from contract A wish to be. I suspect in the current climate they would want all the money they can get their hands on?

I really don't have any advice for the OP than, perhaps, sending a recorded delivery letter to the agency pointing out that you feel they are in breach of contract for the reasons mentioned and hoping for the best. Otherwise, the OP needs to take legal advice.

I am not a lawyer so this is not legal advice but best of luck in whatever you decide.

[BolshieBastard]

Just give notice on contract A. Inform agent at the same time you've no intention of stepping foot on site and that's the end of it.

Sign contract B if you havent already and get earning.

Not that difficult, is it?

[Wanderer]

Just give notice on contract A. Inform agent at the same time you've no intention of stepping foot on site and that's the end of it.

Sign contract B if you havent already and get earning.

What BolshieBastard said ^

Just tell the agency you have been messed around for too long, another contract has come up (with better pay/conditions) and you won't be taking Contract A. They might scream a bit but there's bugger all they can do about it and it's the client's fault for messing you about anyway.

Don't get into an argument with them or reveal anything about where the new job is. Firm and straight to the point, sorry it didn't work out, thank you for your time, goodbye.

If they threaten you with any tulip then just hang up on them before they have a chance to scare you with their bluff and bluster.

Oh, but make sure you've SIGNED contract B first!!!

[VectraMan]

I don't see how they can have a contract with your company that doesn't mention the name of your company on it.

[SueEllen]

Just give notice on contract A. Inform agent at the same time you've no intention of stepping foot on site and that's the end of it.

Sign contract B if you havent already and get earning.

Not that difficult, is it?

WHS

You should have really sorted this out as soon as contract B was in the bag.

No it's not a breach of contract for them to delay the start date as contract A would have words in it to the effect that client A doesn't have to provide you with work. If the contract was written properly your company wouldn't have to accept any work offered.

I suggest you click and read the link on the rhs under "CUK Navigation" with the words "Legal: IR35"

However if client A via the agency kept you in limbo about whether the contract would go ahead at all due to an unforeseeable change in their circumstances then it would have been enough for you to send agent A a concise email informing them that the contact is terminated due to "frustration of contract". (It's a legal term. ) You can still point this out now highlighting agent A's complete lack of communication on the matter.

If agent A phones you up after you sent this email tell them the email says it all, you have nothing more to say and put the phone down on them. The agent will probably keep ringing you and emailing you and may even threaten you with legal action, but if you simply refuse to engage with them any further they will leave you alone.

BTW if the agency A hasn't returned to you a copy of the contract also signed by them then it helps you a lot as they won't want to start legal action without having a proper valid contract.

[PropertyCrashUK]

WHS

You should have really sorted this out as soon as contract B was in the bag.

No it's not a breach of contract for them to delay the start date as contract A would have words in it to the effect that client A doesn't have to provide you with work. If the contract was written properly your company wouldn't have to accept any work offered.

I suggest you click and read the link on the rhs under "CUK Navigation" with the words "Legal: IR35"

However if client A via the agency kept you in limbo about whether the contract would go ahead at all due to an unforeseeable change in their circumstances then it would have been enough for you to send agent A a concise email informing them that the contact is terminated due to "frustration of contract". (It's a legal term. ) You can still point this out now highlighting agent A's complete lack of communication on the matter.

If agent A phones you up after you sent this email tell them the email says it all, you have nothing more to say and put the phone down on them. The agent will probably keep ringing you and emailing you and may even threaten you with legal action, but if you simply refuse to engage with them any further they will leave you alone.

BTW if the agency A hasn't returned to you a copy of the contract also signed by them then it helps you a lot as they won't want to start legal action without having a proper valid contract.

Surely they would just stick the contract signed by them in the post? If they did this is there any legal precendent in then not opening that letter? I mean, as you have taken a stance of nothing more to be said on the matter after informing them of "frustration of contract"?

[SueEllen]

Surely they would just stick the contract signed by them in the post? If they did this is there any legal precendent in then not opening that letter?

They could but they have the problem of a postmarked envelope (that's if you received the contract in the first place as it's strange how many letters don't get to the receiver when there is a possibility of a legal dispute), or a RM tracking service slip that shows that the letter was sent after you pointed out the contract was frustrated.

[Wanderer]

Surely they would just stick the contract signed by them in the post? If they did this is there any legal precendent in then not opening that letter? I mean, as you have taken a stance of nothing more to be said on the matter after informing them of "frustration of contract"?

Doesn't matter because the contractor still isn't going to do the contract - end of story.

Agencies might scream about it but at the end of the day they know that they are better off directing their efforts to getting another candidate in front of the client than flogging a dead horse.