Previous contract offer ignored.

[LondonManc]

Sorry, just to be clear, this is the scenario....

Manager (verbally): "I have clearance to give you a 6 month contract extension if you would like it?"

Contractor (verbally) "Let me think about it"

Contractor (in writing) " I have thought about it and I accept your 6 month contract at £x rate per hour"

Manager (in writing, with details of the offer copied below in the same email) "That is great news you accept the offer"



You see the difference? It 100% confirms the offer was made.

Sounds like the manager can make the offer but not authorise it. Either that or it was pulled and they didn't have the courage or courtesy to tell you.

I had an offer outstanding that was 99% of the way there - cost me about 10-12 grand in lost revenue because I turned a contract down at a different client for it.

Unfortunately you haven't got a leg to stand on as no contract was issued.

[SimonMac]

For those arguing that the contract was not valid, the fact the OP has worked for 4 weeks after the original end date shows it was a valid contract. What it also shows is that the OP has been served four weeks notice, again this is all perfectly above board.

The question seems to be is there a requirement to furlough people (taking out the umbrella aspect), if the client has ended the contract it is not a temporary suspension, so there is no furlough to be taken.

[Hertsseasider]

One of the first lessons of Contracting is that you do not have a Contract until a Contract is signed by both parties

[JamesC34]

It sounds like the manager did not have the authority to make you an offer, but did so. If you really wanted to push it, you could try that angle, and see whether the company stands behind the manager or throws them under the bus. Expect £000s in lawyers fees to go down that route.

Of course, the company could then give you a contract, but say there's no work and therefore no timesheet for you to complete.

Sadly contract offers get made and they disappear all the time.

This is not new with this CV nonsense.

So, how would you expect to manage this scenario if coronavirus wasn't about? It's exactly the same. The only difference being that you "could" claim some money off the government if your umbrella was willing to furlough you.

Yes I agree in many ways. This is an issue only loosely related to Covid19 and it may have gone pear-shaped anyway.

But the Manager is saying the situation has changed due to Covid 19, meaning the Council has to re-prioritise. The HR department tell a different story, saying they had not no knowledge of approval for a new contract anyway. Their 4 week notice Termination made no reference to Covid 19, although HR have also made ambiguous reference to Covid 19 in email messages. So it is messy.

Also, the Covid 19 situation means that my previous offers in other organisations have disappeared.

[JamesC34]

For those arguing that the contract was not valid, the fact the OP has worked for 4 weeks after the original end date shows it was a valid contract. What it also shows is that the OP has been served four weeks notice, again this is all perfectly above board.

The question seems to be is there a requirement to furlough people (taking out the umbrella aspect), if the client has ended the contract it is not a temporary suspension, so there is no furlough to be taken.

Interesting point. So you mean that if there was no contract extension i should have finished on 31/03? By giving me 4 week notice they have effectively admitted I am still an employee?

In relation to your second sentence, there is a further complication. The client has ended the contract, but the Manager makes written reference to re-employing me in due course! Having their cake and eating it in my view!

[JamesC34]

Can you evidence loss from these two offers? ie. Did you have a concrete offer that you turned down and have they since been filled and people are currently in the role and being paid?

No.

Other offers were verbal. But my current company knew I had other offers because I told them. It spurred them to offer me a contract extension (Or not as it transpired!)

[JamesC34]

Sounds like the manager can make the offer but not authorise it. Either that or it was pulled and they didn't have the courage or courtesy to tell you.

I had an offer outstanding that was 99% of the way there - cost me about 10-12 grand in lost revenue because I turned a contract down at a different client for it.

Unfortunately you haven't got a leg to stand on as no contract was issued.

One of the first lessons of Contracting is that you do not have a Contract until a Contract is signed by both parties

i know a number of people have made a similar point, but I am not convinced this is legally correct.

I understand that legally a verbal contract is a valid contract, barring some exceptions such as agreements involving property or guarantees.

Is a Verbal Contract a Valid Contract? - Saracens Solicitors

Of course, as Paryltic suggested earlier, that would be dependent on having the time, energy and resources to go through the courts!

[northernladuk]

I'm not sure why you are still going on about this. Every one has told you the score and nothing is going to change. You don't have a case at all and you aren't going to take it up anyway.

Getting offers and having them pulled is part of contracting. The lesson here for you us don't accept verbal offers and you have no relationship with the client, your umbrella does so it's not for you to be accepting anything. You are employed by the umbrella. It's them that do the accepting.

No point trying to explain every step to us. We aren't really bothered and you aren't going to convince us of anything. We have seen 100's of these types of threads and they all come to nothing I am afraid.

At the end of the day even if they admitted they offered it to you they could just pull the work and you don't get another penny. You'd go ballistic if that had happened but it can.

The gig is done, learn the lesson and move on. There is no need for a 3 page thread on this subject I am afraid.

[SussexSeagull]

I have never worked through an Umbrella but does seem odd you have worked four weeks after your contract expired. Most of us tend to be out the door and not look back on the day our contracts expire.

[JamesC34]

I'm not sure why you are still going on about this. Every one has told you the score and nothing is going to change. You don't have a case at all and you aren't going to take it up anyway.

Getting offers and having them pulled is part of contracting. The lesson here for you us don't accept verbal offers and you have no relationship with the client, your umbrella does so it's not for you to be accepting anything. You are employed by the umbrella. It's them that do the accepting.

No point trying to explain every step to us. We aren't really bothered and you aren't going to convince us of anything. We have seen 100's of these types of threads and they all come to nothing I am afraid.

At the end of the day even if they admitted they offered it to you they could just pull the work and you don't get another penny. You'd go ballistic if that had happened but it can.

The gig is done, learn the lesson and move on. There is no need for a 3 page thread on this subject I am afraid.

Other people are still making useful, relevant and helpful points - SimonMac, Paryltic, etc. It is always interesting to hear that others have had similar issues - LondonManc, etc.

I am grateful to all of them and I am learning a lot, and understanding my situation much better from posts this morning and yesterday.

So I completely understand why I am here. I have no idea about your motivation though? - you clearly have other places you would rather be?