Reply to: What to do when offer has been made and acccepted, then agent backtracks.

[BolshieBastard]

Hi guys,

As you can all see, I am new to the forum, so HI! I have been contracting for a while and have never run into any issues until now. Not really too sure where I stand on this legally, so am hoping for some input from the people that know/have had a similar issue before.

A couple of days ago, I was made a formal offer by an agent (who acts as the payroll) for a 3 month rolling contract, which I accepted in writing. I have confirmation from the agent that I have accepted the offer and was been given a start date. Last night I received a phone call that the end client's HR had not actually signed off at their end becasue they do not feel they have the budget. So, the agent is now telling me that there is no work at the terms agreed.

A good friend of mine in the recruitment business thinks with all the things I have in writing I have a case to take to them and claim the three months at the rate agreed.

Any input/thoughts would be highly appreciated!

[northernladuk]

That would come under "professional behaviour".

Some contracts have such clauses because that's away a client can get rid of you under a claim for misconduct.

[SueEllen]

Maybe they have a clause in the client contract that doesn't allow standing on reception dressed as Charlie Chaplin, doing keepie uppies with a balloon and reciting hamlet as well. You better watch that one.

That would come under "professional behaviour".

Some contracts have such clauses because that's away a client can get rid of you under a claim for misconduct.

Back to the Moggy's point - if no contracts have been sent out let alone signed then JumperG is in a weak position. The agent could simply argue that it's customary to have a signed contract in this business and the verbal agreements and emails are just part of the negotiating process.

I've had a few agents who refused to let me go on site if the contract wasn't agreed and signed before hand.

[northernladuk]

Maybe they have a clause in the client contract that doesn't allow standing on reception dressed as Charlie Chaplin, doing keepie uppies with a balloon and reciting hamlet as well. You better watch that one.

[moggy]

Ughhh, not Kittycat surely? That says it all.. Feel free to make up any old stuff and suggest it is in the client contract. The dafter the better, but it is gonna have to be a good one to beat that.

I think I must of missed the free drinks and drugs that seemed to be handed out this morning..

Are you seriously saying that you haven't read daft clauses in contracts? I am pretty sure I have seen something similar over the years, and worse still if I really give it some time.

Remember as much as you attempt to train half the board into "being in business" it won't work, and they will be just signing away without even reading t's and c's. (and OP that wasn't directed at you before i find out someone else forgot to go to their anger management class)

[captainham]

MoO doesn't cover work in the contract I have found out. Not getting paid because you haven't done work isn't MoO. I had this wrong all along and incognito put me right in a great post. I really need to go find that and keep it.

This one, I think you mean.

[northernladuk]

Personally i don't think it is "crap", its a simple clause an agent could easily have written into a contract that would cover them if roles didn't actually start. Much the same as terms of notice in the first few weeks or prior to contract comencing i.e. immediate.

Now i'm not sayings its there obviously, but would help to look for it or something similar if the OP is in fact thinking he has a case.

Ughhh, not Kittycat surely? That says it all.. Feel free to make up any old stuff and suggest it is in the client contract. The dafter the better, but it is gonna have to be a good one to beat that.

[moggy]

You can't start plucking crap out of the air and start guessing like that. That is use to no one.

Personally i don't think it is "crap", its a simple clause an agent could easily have written into a contract that would cover them if roles didn't actually start. Much the same as terms of notice in the first few weeks or prior to contract comencing i.e. immediate.

Now i'm not sayings its there obviously, but would help to look for it or something similar if the OP is in fact thinking he has a case.

[blacjac]

You can't start plucking crap out of the air and start guessing like that. That is use to no one.

I think that particular posters username may offer some insight....

[northernladuk]

Not worth stressing about - like NLUK said it happens so just move on and get another contract.

If it was me though, I'd try to get the notice period out of the agency. Never know and it'd be a good laugh anyway.

I'm not an expert but legally though couldn't they say they gave you notice but then there was no work (MOO etc) so you wont get paid anyway?

Would still have a quick crack at it though...

MoO doesn't cover work in the contract I have found out. Not getting paid because you haven't done work isn't MoO. I had this wrong all along and incognito put me right in a great post. I really need to go find that and keep it.

[northernladuk]

Well yes guessing, making up no, thats why i said "could" to ensure this is the sort of thing they should be looking for. Who's to say whats in the t's and c's

You can't start plucking crap out of the air and start guessing like that. That is use to no one.

[psychocandy]

Not worth stressing about - like NLUK said it happens so just move on and get another contract.

If it was me though, I'd try to get the notice period out of the agency. Never know and it'd be a good laugh anyway.

I'm not an expert but legally though couldn't they say they gave you notice but then there was no work (MOO etc) so you wont get paid anyway?

Would still have a quick crack at it though...

[moggy]

You are just guessing and making this up now aren't you?

Well yes guessing, making up no, thats why i said "could" to ensure this is the sort of thing they should be looking for. Who's to say whats in the t's and c's

[moggy]

My advice isn't great, but its genuinely what I've done in this situation.

End the current relationship with the agent with a smile and jolly attitude, walk away and move on.

There's nothing to fight here really, nothing you'll win without effort taken away from finding your next gig anyway.

good advice, and who's to say they won't be the next agency he has to deal with for the next role.. might make for interesting rate negotiations

[northernladuk]

Depending on the t's and c's of course I would think if you have a signed contract between you and the agency, remember they are the ones with a contract with the client, then they may well have to give you notice. The t's and c's of course could had a clause where by they stipulate there is no contract without first attending a client site.

I once heard of an agency sign a guy to a 12 month agreement, but the client had only issued a 6 month contract. I guess the idea was ask for an increase at extension and say nothing, they missed the notice and he wasn't renewed, cost them an exta month for his notice.

You are just guessing and making this up now aren't you?