Screwed over by new contract

[Ben10]

Hi, I am a newbie on this forum but I urgently need some advice.

I was working on a 4 month contract for a IT company. The contract was coming to a close and I started looking for a new contract. I went for an interview and I was offered the contract. I signed the new contract and I was due to start immediately after the end of my existing contract. In the mean time I was offered an extension (with a pay increase) on my original contract which I refused as I had the new contracted all agreed and signed.

I was meant to start the new contract this coming Monday, however on Thursday just gone I was told by the agency there was a delay and that the new contract would be postponed for 2 weeks, and that there was a chance it could be even longer. Of course I complained and checked my contract to see if I had any sort of protection from this - I found this statement:

The Company agrees to ensure that the Services are carried out in accordance with any timetable or other targets for the progress and delivery of the Project and in accordance with any reasonable requests of the Client or the End User. Notwithstanding, this Agreement shall be conditional on the Client contracting with [the Agency] for the provision of the Services by the Company. [the Agency] may (if the Client so requires) give notice deferring the Commencement
Date by up to 7 (seven) days.

I spoke to the agency and said that this should protect me from they 2 week delay, and that they could only postpone one week. They came back with another clause from the contract:

6.5. The Company and/or the Consultant acknowledges and agrees that:

6.5.1. [the Agency], the Client and any End User are under no obligation to provide or procure work for the Company/Consultant for the whole or any part of the Project Period;

So my questions is - do I have any sort of claim against the agency for messing me about, and 2+ weeks that I will lose earnings?

BTW: I already asked if I could extend the original contract by 2 weeks, and they said no because they had already found a replacement, and that it would be too much paperwork for a 2 week extension.

Thanks in advance for any help / advice you can offer.

[malvolio]

What lost earnings? You've left one gig and not started another one. Why should you be paid for not working?

It's a shame but it's life. Live with it.

[DigitalUser]

Hi, I am a newbie on this forum but I urgently need some advice.

I was working on a 4 month contract for a IT company. The contract was coming to a close and I started looking for a new contract. I went for an interview and I was offered the contract. I signed the new contract and I was due to start immediately after the end of my existing contract. In the mean time I was offered an extension (with a pay increase) on my original contract which I refused as I had the new contracted all agreed and signed.

I was meant to start the new contract this coming Monday, however on Thursday just gone I was told by the agency there was a delay and that the new contract would be postponed for 2 weeks, and that there was a chance it could be even longer. Of course I complained and checked my contract to see if I had any sort of protection from this - I found this statement:

The Company agrees to ensure that the Services are carried out in accordance with any timetable or other targets for the progress and delivery of the Project and in accordance with any reasonable requests of the Client or the End User. Notwithstanding, this Agreement shall be conditional on the Client contracting with [the Agency] for the provision of the Services by the Company. [the Agency] may (if the Client so requires) give notice deferring the Commencement
Date by up to 7 (seven) days.

I spoke to the agency and said that this should protect me from they 2 week delay, and that they could only postpone one week. They came back with another clause from the contract:

6.5. The Company and/or the Consultant acknowledges and agrees that:

6.5.1. [the Agency], the Client and any End User are under no obligation to provide or procure work for the Company/Consultant for the whole or any part of the Project Period;

So my questions is - do I have any sort of claim against the agency for messing me about, and 2+ weeks that I will lose earnings?

BTW: I already asked if I could extend the original contract by 2 weeks, and they said no because they had already found a replacement, and that it would be too much paperwork for a 2 week extension.

Thanks in advance for any help / advice you can offer.

Welcome to contracting.

Sent from my Nexus 4 using Tapatalk

[CheeseSlice]

At best I'd say the first clause allowing the 7 days deferment has been breached, and you could walk away from the newly signed contract if you wanted to take the extension on your previous contract.

[CheeseSlice]

BTW: I already asked if I could extend the original contract by 2 weeks, and they said no because they had already found a replacement, and that it would be too much paperwork for a 2 week extension.

Sorry didn't read that bit. "too much paperwork" is just agency bulltulip, they've got a new contractor who they don't need to pay the increased rate to, and will do more than 2 weeks.

Just look for new contracts whilst you wait for the delayed one to kick off.

[Ben10]

Thanks for the advice. I'm pretty annoyed but as you say "that's contracting" eek

[BlasterBates]

It's June enjoy the time off. My only regret with contracting was that I wasn't laid off more often. I can't wait for the next recession

[TykeMerc]

Thanks for the advice. I'm pretty annoyed but as you say "that's contracting" eek

It is annoying, but it's the reality of contracting.

I doubt there are many long terms contractors on CUK that haven't had a variant of what's just been done to you happen to them, it's fairly common that roles get pulled at the last minute. Part of the game.

[SpontaneousOrder]

That is contracting as has been said. Funny how hmrc see it as part of being an employee.

[northernladuk]

That would be a rate increase not a pay increase. You can give yourself a pay increase anytime you want.