Backing Out

[thefatalist]

Anyone got any experience of backing out of a contract you've agreed to in principle but not actually signed up for?

Some fairly serious (familial) problems have come up, but the contract is due to start soon and they have already waited a full notice period.

Anyone got any ideas what the legal situation is in this case?

 

[MarillionFan]

You've not signed anything. If you dont want it, you dont want. Simple.

Just tell them you've had another offer or you have family problems and cannot make it. They may whinge, but hey-ho - so what.

 

[AtW]

IANAL but verbal agreement is as legally binding as signed contract: however if you have not actually started work then, perhaps, its okay to back out - in any case you need to act quick.

 

[MarillionFan]

Ignore ATW he likes scaring people. I have never heard of someone being offered a job, accepting, then changing their mind and being sued.

It doesnt happen. It just doesnt happen.

Can you imagine, you agree to a new job, then say no, the agency sues you and forces you to go, you start your new job under duress and drop a turd on the MDs desk on your first week.

Oh purlease!!! Doesnt happen.(well the turd bit does!)

 

[AtW]

I am not saying it will happen - highly unlikely, I merely commented that your suggestion is not lawful in my view - its like getting stoned - illegal, but cops close eyes on it, yet it is still illegal.

In order to sue successfully they would have to prove they actually suffered actual losses, something not that easy to bluff in UK courts.

 

[MarillionFan]

Scotty. Sschhhhhhhh! Zip It.

 

[thefatalist]

Did I mention also the contract is with CP? I've been reading about some of the horror stories concerning them on this site. On the other hand, I did get a good rate and managed to get the contract rewritten to the point where my accountant was reasonably happy it falls outside IR35. No notice period on my side though -- first time I've ever accepted such a thing.

 

[TheMonkey]

I've backed out of a verbal agreement before from an agent. It doesn't hurt. They just get a little arsey.

In fact I'm actually on a cotnract through the same rep so obviously something went right

 

[malvolio]

Did I mention also the contract is with CP? I've been reading about some of the horror stories concerning them on this site. On the other hand, I did get a good rate and managed to get the contract rewritten to the point where my accountant was reasonably happy it falls outside IR35. No notice period on my side though -- first time I've ever accepted such a thing.

Oh pay attention please - how many more times do I have to say it...

No notice on your side is A GOOD THING. If you can't hack it, go permie. Otherwise it demonstrates no MOO which is one of the three non-IR35 silver bullets.

And while we're on the subject, do not work with CP. Ever.

 

[TheMonkey]

And while we're on the subject, do not work with CP. Ever.

That applies to the other agency with Computer in the name too...