Am I bound to a notice period if I'm still in my first month.....

[AnonAgent]

In simple terms, the agency wouldnt need to pay you as they can count this as lost earnings. If you want to forego pay, then walk out.

My advice though is to miss out the agent and have a chat with the client, express your concerns and arrange an end date with him. No client is going to want a contractor on site costing them £500+/day when they dont want to be there. So its unlikely you will be there longer than a week.

[Taita]

OK I'll put my head on the fing block again:

in the absence of a signed contract, why is the OP bound by the terms that the agency had in mind, rather than the agency bound by the terms that the OP had in mind?

Both parties are bound by the terms discussed and they appeared to agree between them. In the event of a dispute it comes down to evidence. If there is no acceptable/provable evidence neither party will get very far in seeking redress by fair means!

[northernladuk]

OK I'll put my head on the fing block again:

in the absence of a signed contract, why is the OP bound by the terms that the agency had in mind, rather than the agency bound by the terms that the OP had in mind?

Well it is normally the last one seen or the terms discussed as mentioned and bearing in mind the standard approach is for us to sign their contracts they would have a slightly upper hand. If both of these are done on the phone then it is a matter of he says she says which can be a right pain in the arse... which is why you make sure you get one signed first.

Although a contract is supposed to be a legally binding contract, you would have to get a lawyer in to progress it that far, which no one ever does so at the end of the day it is all just an argument whatever it says on the paper... but if it says it you have something to point out which can help.

[mudskipper]

Is it possible that some of your responses are fully automated by some relatively unsophisticated AI?

FTFY.

NorthernladUK Comment generator

But the boy does talk sense. Mostly.

[SueEllen]

thanks for the response.......am I able to take a holiday then if I work 2-3 weeks notice and have a holiday for the remainder?

The quicker you can get a replacement for your role the quicker you can leave the client.

[TheFaQQer]

If your contract has a suitable MOO clause in it, then you are not obliged to accept any work that they offer.

I'd discuss it with the client - make sure that the client knows that the role isn't what you were expecting, based on the discussions you had with the agency. Since it's not what you thought it would be, then you may well be able to negotiate your way out.

Of course, by giving your notice already, you've missed the chance to do that.

[Willapp]

Surely the important thing here is ensuring you get paid for the work you've already done? I'd be very concerned at cutting short the notice period (whether by invoking MOO or any other means) if the client/agency still owe you any substantial amount of money for unpaid invoices.

If you've been paid already or could afford to walk away without the money, then it's just a question of whether you risk damaging your reputation with the client and/or agency by walking away before the notice period has been completed - nobody can force you to carry on working there regardless of any contract terms (whether implied or explicit), but getting paid money you are "owed" could be a lot more difficult if you were seen to be in breach of any agreement, so that seems to be the fundamental decision here.

[NorthWestPerm2Contr]

Please read the newbies guide to the right. You will find all the information you need -->

[formant]

Well it is normally the last one seen or the terms discussed as mentioned and bearing in mind the standard approach is for us to sign their contracts they would have a slightly upper hand. If both of these are done on the phone then it is a matter of he says she says which can be a right pain in the arse... which is why you make sure you get one signed first.

So, what if it's not a case of the contractor having received but not yet signed the contract. I mean, what if there were no exact terms presented when he started on site?

I mean, I agree, it's silly to start working without a signed contract in place, but surely if the agency has simply delayed sending you their terms (for example by wanting to send an agent to meet you on-site, as seems to be the case here), you can't be assumed to have agreed to them, or can you?

Just wondering.

[northernladuk]

So, what if it's not a case of the contractor having received but not yet signed the contract. I mean, what if there were no exact terms presented when he started on site?

I mean, I agree, it's silly to start working without a signed contract in place, but surely if the agency has simply delayed sending you their terms (for example by wanting to send an agent to meet you on-site, as seems to be the case here), you can't be assumed to have agreed to them, or can you?

Just wondering.

But that is the whole problem, who knows what the situation is hence why it is a nightmare situation you want to avoid at all costs. It's so complicated I would guess only a lawyer could argue the answer to your last quesiton. The quick and dirty answer is if you work for them you accept their terms. I am sure you could argue that stance but it will cost you a lot of time and money, that could and should be easily avoidable.

I don't know the legal answer but don't ever intend to be in the position where I need.