Advice on Breach of contract from the recruiter

[jamalshah]

Hi,

I am IT Contractor and director of my limited company.
I got a job contract from the recruiter which suppose to start 2 weeks ago as per my Job contract but recruiter told me at the last stage( one day before my start date) that my start date has been delayed because the end client did not sign purchase order and the manager is off sick . Since then the recruiter says the same story when i ask for update.
Now i have feeling that recruiter is just wasting my time and money.
Can you please advice if i can get my pay as per my job contract start date as the contract is delayed from the agency/end client not from my side.
please note that in my job contract my notice period is one week and i have resigned from other job to get this job.

I will be very thankful if advised ASAP as this situation is very stressful for me.
Thanks
Jamal

[washed up contractor]

Hi,

I am IT Contractor and director of my limited company.
I got a job contract from the recruiter which suppose to start 2 weeks ago as per my Job contract but recruiter told me at the last stage( one day before my start date) that my start date has been delayed because the end client did not sign purchase order and the manager is off sick . Since then the recruiter says the same story when i ask for update.
Now i have feeling that recruiter is just wasting my time and money.
Can you please advice if i can get my pay as per my job contract start date as the contract is delayed from the agency/end client not from my side.
please note that in my job contract my notice period is one week and i have resigned from other job to get this job.

I will be very thankful if advised ASAP as this situation is very stressful for me.
Thanks
Jamal

You havent done any work so, you dont get paid \ havent lost any pay. Sounds like the job's been canned. Serve your termination to the agent and start looking for a new role.

[VillageContractor]

You can invoice for work done and nothing more. No work, no money.

Start looking for another job, the agent is playing you

[HugeWhale]

Seek legal advice and read your contract.

Typically you would not have a leg to stand on. This is one of the risks of contracting.

[LondonManc]

If you are a member of IPSE, have a look at compensation for business interruption - there may be a case for the agent to answer.

As others have said, though, generally it's no work, no bill in contracting.

Keep yourself on the market until you've logged on at your new client co - that way you know they've got a PO for you because they generally need one to provision your account.

Tough lesson to learn - been there, done that.

[northernladuk]

Firstly check your contract. I expect it will say something along the lines of you won't get paid unless you have a signed timesheet. Because you haven't done any work you don't have a signed timesheet so no pay. We work on a T&M basis and get paid for work we do. That's part of the risk of contracting.

I don't think this is breach as you are getting paid the agreed amount for the work you are doing. Nothing.

You shouldn't stop looking until you are sitting at a clients desk. This situation isn't uncommon.

[mattfx]

Sorry to hear of your woes OP. As others have said there's no real comeback for you here; all the start date of your contract means is exactly that - the day you start work. You cannot sue for breach of contract unless there has been financial loss, and, as you haven't done any work you haven't actually lost anything. I understand that you may *feel* like you've lost two weeks work because you've been on the bench, but because you haven't carried out any work for the client no loss has been incurred.

If they were refusing a timesheet, totally different ball game.

Good luck finding another contract quickly - this sucks just before Christmas.

[MrMarkyMark]

Hi,

I am IT Contractor and director of my limited company.
I got a job contract from the recruiter which suppose to start 2 weeks ago as per my Job contract but recruiter told me at the last stage( one day before my start date) that my start date has been delayed because the end client did not sign purchase order and the manager is off sick . Since then the recruiter says the same story when i ask for update.
Now i have feeling that recruiter is just wasting my time and money.
Can you please advice if i can get my pay as per my job contract start date as the contract is delayed from the agency/end client not from my side.
please note that in my job contract my notice period is one week and i have resigned from other job to get this job.

I will be very thankful if advised ASAP as this situation is very stressful for me.
Thanks
Jamal

You mean you bailed early from your last contract?

Goes around, comes around, comes to mind .

[northernladuk]

You mean you bailed early from your last contract?

Goes around, comes around, comes to mind .

Good point well made.

[BlasterBates]

Generally not worth it, once the agent delays the start that's when you look for a new contract. You are correct that they're in breach by changing the start date, that is why you are not beholden to the contract.