Is this a Breach of Contract?

[bcks109]

I was due to start a new 3 month contract in Swindon on 16th December 2013, I had a call from the Agency on 13th December 2013 to advise that the date had changed to 18th December 2013 (still in Swindon). I then received an email from the Agency on the morning of 17th December 2013 advising that the end client wanted me to go to Hatfield for a 1 day induction on 18th December 2013, but I would be in Swindon from 19th December 2013, I then received a text message from the Agency 4 hours later to advise that the end client wanted me to go to Leeds for 2 days training, I advised that I did not have the funds to pay for either, but I would be willing to start in Swindon on 23rd December 2013. I have now been advised although not from the Agency that I will not be starting the contract because I refused to go to either location. My Contract schedule clearly states Swindon and does not have anything about other locations, is this a breach of contract?

[GB9]

Does your contract say anything about travel between sites and did they offer to pay for the travel?

If it doesn't and they didn't, then at a push, it might be. But if you really can't afford to get to Leeds then you probably won't have the money to fight the court battle.

Time to move on unfortunately.

[northernladuk]

WGB9S

I would also guess if you refuse to do the training then you aren't suitable for the role. You can fluster about it if you want but no one will give a monkies. The agent will have someone in already that was happy to comply with a day or two's flexibility for the sake of a good long engagement and the client won't care as he has certain requirements and you didn't meet them.

Not knowing the exact wording on your contract I believe it will indicate where your place of work is. That doesn't mean you might do the odd day here and there so I wouldn't say asking you to attend an induction at another site for one day is a breach.

Did you ask if the client would reimburse these expenses before you shot yourself in the foot?

You are a business and have to be flexible. Losing a good contract for the sake of 2 days away doesn't seem to make very good sense.

[stek]

Is this a Breach of Contract?

I was due to start a new 3 month contract in Swindon on 16th December 2013, I had a call from the Agency on 13th December 2013 to advise that the date had changed to 18th December 2013 (still in Swindon). I then received an email from the Agency on the morning of 17th December 2013 advising that the end client wanted me to go to Hatfield for a 1 day induction on 18th December 2013, but I would be in Swindon from 19th December 2013, I then received a text message from the Agency 4 hours later to advise that the end client wanted me to go to Leeds for 2 days training, I advised that I did not have the funds to pay for either, but I would be willing to start in Swindon on 23rd December 2013. I have now been advised although not from the Agency that I will not be starting the contract because I refused to go to either location. My Contract schedule clearly states Swindon and does not have anything about other locations, is this a breach of contract?

Funds? Training? Are you sure you are a contractor?


Anyway, no breach, I suggest a course of Growsum (pat pending NLUK)

[CheeseSlice]

My alarm bells would be ringing at the mention of 'training'.

I'd say what you've described is quite rare. Find a new contract and put this behind you. Its really not worth trying to do anything about it now.

[northernladuk]

My alarm bells would be ringing at the mention of 'training'.

I'd say what you've described is quite rare. Find a new contract and put this behind you. Its really not worth trying to do anything about it now.

I am not so sure about that. I have worked on number of clients accounts that needed us to attend mandatory induction/training. Working in defence or nuclear can need a long induction/training and when joined an NHS account we had to do a two day induction hell on the cultural fit of NHS to try bridge the gap between corporate and public sector work.

There is so much legislation and regulation the clients must adhere to you have to expect to be 'trained' up on it before starting with them at times.

[CheeseSlice]

Agreed, I was really on about 'how to do your job' training, although I imagine the OP wasn't referring to this.

I've had to do 'handling data securely' training, etc which are normally mandatory to carry out the contract.

[Scrag Meister]

Not really training as we know it, as CheeseSlice said, there are numerous compulsory on-line training programs in banking that I have to redo everytime I move banks and also re-do every year within the bank.

All re money-laundering, information security etc...

I'm sure if I refused to complete them I would be out the door rapido.

[Eirikur]

Not really training as we know it, as CheeseSlice said, there are numerous compulsory on-line training programs in banking that I have to redo everytime I move banks and also re-do every year within the bank.

All re money-laundering, information security etc...

I'm sure if I refused to complete them I would be out the door rapido.

Yes same here. I've done this so often, I usually do the manadatory test before I waste time reading the trainingmaterial and pass every time.

[expat]

Agreed, I was really on about 'how to do your job' training, although I imagine the OP wasn't referring to this.

I've had to do 'handling data securely' training, etc which are normally mandatory to carry out the contract.

I was once told that they wouldn't activate my desk phone until I had done a half-day course on telephone usage.