Extension of existing contract, but agency trying to change notice terms in schedule

[lexington_spurs]

when they struggle to provide paperwork ..

And I will see your don't agree with another I don't agree. You cannot refuse the new contract and stay on the implied contract. That just doesn't make sense. There is a new contract, you sign it or you walk.

When the end client and EB ran into some admin issues, they emailed to say that all conditions & invoicing arrangments remained the same. Original post didn't mention that and should have.

They are not attempt to change terms after he started work. He started work with no contract.

Not really. I guess my original post was trying to understand why the EB wanted to do this on an extension, why they didn't flag it up instead of trying to sneak it in, and whether it was worth contesting.

[northernladuk]

Not really. I guess my original post was trying to understand why the EB wanted to do this on an extension, why they didn't flag it up instead of trying to sneak it in, and whether it was worth contesting.

That is a good question. I can understand that there should not be an assumption that one contract is the same as the next. They are completely seperate entities but it would have been professional and even polite to inform you there will be a change rather than throwing it in too late. Only you will know if they did it vindictively or just being lazy/inconsiderate.

[Wanderer]

They are not attempt to change terms after he started work. He started work with no contract.

If there were no previous contractual relationship with an agreement to extend the period of that relationship then you are indeed correct and the terms are indeed wide open to negotiation.

However, in this case the contractor did have a contract and as someone wrote some time ago "By turning up you have affectively accepted the terms of the previous contract and are still bound to them".

The other side of the coin is that the agency is also bound by the previous contract.

If either party want to vary the original contract then that is absolutely open to negotiation under the terms of the original contract. If they can't agree terms then the contract would have to be terminated with the contractual notice period. Same as for any mid contract renegotiation.

Certainly, I don't see that the agency or contractor could produce a new contract and retrospectively apply it to the engagement without the consent of the other party. If there was a legal right to do this then in extremis, the agency could tell the contractor that their rate was reduced to £1/day or the contractor could tell the agency their rate had increased to £1,000,000/day.