Need Advice - one contract offer signed, second come through

[Wanderer]

I am a silent member of this group for past several years.

I see you have been given the usual warm welcome by the regulars here.

Advise me with good tips what shall I say to the first agency to turn down the offer even after signing and what are the legal implications? (if any)

Just tell them you've had a better offer and you have decided to turn down their offer so you won't be starting on the contract.

Say it as bluntly as that and don't be drawn into a discussion about the legalities of the contract because you will just end up saying something that will be used against you. Probably the less you say the better and as soon as you get off the phone they will be on to one of the other candidates trying to shoe them into the role. You might want to do the market a favour and tell them you've had a higher offer so the next bloke who goes in for the contract might get a bit more money out of it.

They will scream and yell that you'll never work in the city again but remember - if it were the other way around they would dump you without a second thought. It's nothing personal, just business.

[psychocandy]

The loss is that the agent now has to re-advertise for the role, screen the candidates and (in some situations) interview them. The client has to spend time interviewing again, if their second choice isn't available.

If there isn't another person who can take on the role that they have already seen, then the costs of finding a replacement could prove to be reasonably large.

I doubt that they would chase too hard for this, but there are a number of tangible costs that they could add up and go after. Theoretically, I'd guess that if they find someone who nets less margin, they could even try to pass on the difference to you as well....

I'd check the notice period and get it in quickly, so that you don't break the contract at all. I'd also pray that the bird in the bush is worth it all - it would be a pity to go through all this and then find that the second role falls through

So could OP hand in notice before starting then just decline the work offered during the notice period? No breach then just contract runs until notice period ends....

Similar to how client could give notice and then say ok dont bother coming in though.

[psychocandy]

They will scream and yell that you'll never work in the city again but remember - if it were the other way around they would dump you without a second thought. It's nothing personal, just business.

Careful Wanderer the regulars will be on to you for that! God forbid you look after number 1.....

[DirtyDog]

So could OP hand in notice before starting then just decline the work offered during the notice period? No breach then just contract runs until notice period ends....

There has been significant debate about whether you can just say "I'm not coming in" and rely on the lack of MOO clause and whether that applies to work during the contract or work at the end of the contract or not. You'd need a test case for an exact answer to whether you can just not come in any more and rely on a lack of MOO clause.

Without knowing what's in the contract, it's all speculation anyway.

Similar to how client could give notice and then say ok dont bother coming in though.

I don't believe that the client being able to say one thing is relevant to what the contractor can say, though, unless there is a clause which specifically states that. The client normally would have a clause which says something along the lines of "no timesheet, no pay", so you would always struggle to prove that they owe you anything if you haven't got the paperwork (opt out status not withstanding).

[DirtyDog]

Careful Wanderer the regulars will be on to you for that! God forbid you look after number 1.....

Have you handed your notice in on the current gig yet?

[northernladuk]

There has been significant debate about whether you can just say "I'm not coming in" and rely on the lack of MOO clause and whether that applies to work during the contract or work at the end of the contract or not. You'd need a test case for an exact answer to whether you can just not come in any more and rely on a lack of MOO clause.

Without knowing what's in the contract, it's all speculation anyway.



I don't believe that the client being able to say one thing is relevant to what the contractor can say, though, unless there is a clause which specifically states that. The client normally would have a clause which says something along the lines of "no timesheet, no pay", so you would always struggle to prove that they owe you anything if you haven't got the paperwork (opt out status not withstanding).

Not forgetting the customer/supplier relationship which means the playing field isn't level. Different expectations from each party. Contractually maybe not but professionally it is different.

[DirtyDog]

Not forgetting the customer/supplier relationship which means the playing field isn't level. Different expectations from each party. Contractually maybe not but professionally it is different.

I concur

[jmo21]

Careful Wanderer the regulars will be on to you for that! God forbid you look after number 1.....

You are the supplier, you would be letting your customer (first the agent, and then end client) down.

There is a BIG difference.

In a buoyant market with in demand skills, then pissing off an agent may not be that big a deal.

Ultimately, of course, it is your call.

[TheCyclingProgrammer]

There has been significant debate about whether you can just say "I'm not coming in" and rely on the lack of MOO clause and whether that applies to work during the contract or work at the end of the contract or not. You'd need a test case for an exact answer to whether you can just not come in any more and rely on a lack of MOO clause.

The whole MOO thing does seem to be a bit fuzzy as everybody does seem to have their own view on what it means.

IMO, lack of sufficient MOO for there to be an employment relationship means:

* Client is not obliged to offer new work at the end of current contract
* Supplier is not obliged to accept new work at the end of current contract
* Client is not obliged to offer work if work on current contract comes to an end (even if earlier than contract end date)

What I don't think it means is that supplier can turn around and say "I'm not going to work on your contract anymore" without giving sufficient notice as per contractual terms. At the very least its incredibly unprofessional and I'm not sure "I'm not their employee I can do what I like" would cut it as a defence either.

[jmo21]

What I don't think it means is that supplier can turn around and say "I'm not going to work on your contract anymore" without giving sufficient notice as per contractual terms. At the very least its incredibly unprofessional and I'm not sure "I'm not their employee I can do what I like" would cut it as a defence either.

This.