Reply to: Start Date being postponed after signing the contract

[SueEllen]

Is the Agent or client telling you this.? They probably have some else in doing the job right now, if he works out they will keep him, if not they have you dangling on a string, good planning by the client encase 1st chap does not work out.

Easy way to solve this is to phone the client contract and talk to them. After all you did get the names of the people involved in interviewing you didn't you?

If they refuse to answer then you know it's the client screwing around. If they do answer and give you a good explanation then you know it's the agency who has screwed you.

[tarbera]

client might cancel it completely

Hello All,

I am moving from Permanent Role to a Contract in UK. Based on the offer/start date on a signed contract i have resigned my Permanent Job. First the client postponed my start date for 2 weeks from the start date 19th May 2014 to 2nd June 2014. Today agency called me again and said now its being postponed further to 9th June. I am out of Job now since 19th May for next 15 days. Client might turn up and further postpone it.

Based on the signed contract what can i do legally, otherwise whats the point of signing a document which can be altered as client wishes to.

Kindly advise.
Regards
Mike

Is the Agent or client telling you this.? They probably have some else in doing the job right now, if he works out they will keep him, if not they have you dangling on a string, good planning by the client encase 1st chap does not work out.

[BrilloPad]

In the real world, a business would get someone in to do the work at a rate which enables the business to make a profit.

So get a bob in then.

[TheFaQQer]

But in the real world if you did this both client and pimp would go mad and say you'd left them in the lurch, how dare you, you've signed a contract, we'll sue you etc etc.

Doesnt work both ways ultimately.

In the real world, a business would get someone in to do the work at a rate which enables the business to make a profit.

[psychocandy]

And the irony is that, assuming the contract is a genuinely IR35-friendly contract, the same mutuality of obligation (or rather, lack of it) that allows the client to delay a start date (by effectively not offering work they're under no obligation to) allows you to refuse any work as and when the client decides to offer it.

In other words although you've got a contract, it's barely worth the paper it's written on, so find another client in the mean time then if the first client decides they do want you to eventually start at some later point in time, exercise your MOO rights and refuse all of that offered work for the remainder of the contract.

It's a funny old game, contracting, isn't it?

But in the real world if you did this both client and pimp would go mad and say you'd left them in the lurch, how dare you, you've signed a contract, we'll sue you etc etc.

Doesnt work both ways ultimately.

[billybiro]

If they've postponed twice, look for another contract, there is a good chance they'll cancel altogether.

It would be no problem getting out of a contract that's been postponed twice.

And the irony is that, assuming the contract is a genuinely IR35-friendly contract, the same mutuality of obligation (or rather, lack of it) that allows the client to delay a start date (by effectively not offering work they're under no obligation to) allows you to refuse any work as and when the client decides to offer it.

In other words although you've got a contract, it's barely worth the paper it's written on, so find another client in the mean time then if the first client decides they do want you to eventually start at some later point in time, exercise your MOO rights and refuse all of that offered work for the remainder of the contract.

It's a funny old game, contracting, isn't it?

[speling bee]

Oh yes. If on the bench would have claimed up to start date.

Sponging off the state = livin' the dream?

FTFY

[psychocandy]

i had this client offering me a role however was not able to produce a contract in writing with a start date... they kept stringing me along till the last minute .... I in the meanwhile drove myself nuts unable to decide whether to accept extension at my current client... they kept saying they were waiting for signoff from someone senior who was on leave and the contract will be ready next monday and so on... turns out last day of my contract at current client and the M Fers ring me and say the project is canned...

I renewed eventually at current client and for 5 % more , so all good in the end.

Lesson learnt: With contract work, there will always be a margin of risk... nothing is more certain than that paid invoice landing in your business account.... everything else is a mirage.

Yeh when you hear the words senior manager has to signoff its always 50/50.

I've had ones where both client and agent have said yeh its all sorted just has be rubber stamped etc. Start date was 3 weeks away. Friday pm before agency phoned me to say it wasnt happening. Nice one. This was with signed contract as well (Albeit one day notice which agency got out to me sharpish to ensure it was canned before the monday).

[TheFaQQer]

Sponging off the state = legally claiming benefits to which I am entitled?

In the eyes of many, absolutely.

[psychocandy]

FTFY

Oh yes. If on the bench would have claimed up to start date.

Sponging off the state = legally claiming benefits to which I am entitled?

[sandyh2001in]

i had this client offering me a role however was not able to produce a contract in writing with a start date... they kept stringing me along till the last minute .... I in the meanwhile drove myself nuts unable to decide whether to accept extension at my current client... they kept saying they were waiting for signoff from someone senior who was on leave and the contract will be ready next monday and so on... turns out last day of my contract at current client and the M Fers ring me and say the project is canned...

I renewed eventually at current client and for 5 % more , so all good in the end.

Lesson learnt: With contract work, there will always be a margin of risk... nothing is more certain than that paid invoice landing in your business account.... everything else is a mirage.

[TheFaQQer]

I'd deffo have been down the dole office sponging off the state from day 1 though.

FTFY

[psychocandy]

Worrying. If its been delayed twice then possibly it hasnt been signed off at the client end yet.

Some manager jumps the gun then gets told to hold on. Or some senior manager decides to put the stops on it.

Might not be though. Might be a genuine reason that the project is just not ready.

I'd deffo have been looking from day 1 though. It could still work out but you don't want to be waiting around and miss other things for them to turn around and say sorry about that but its cancelled.

[SpontaneousOrder]

When it comes to finding contracts/extensions, you want several fingers in several pies.

[TykeMerc]

I am not sure even if the client would turn up again and postpone the start day once again.
Its just a piece of paper which client will just alter anytime they want. Its just like they are depriving me off my livlihood..must be illegal...i think should start hunting for another client

Thanks for help guys..

Far from unlikely the client may postpone again or repeatedly, as a contractor you're a flexible resource, it's part of the reason we charge a premium rate.

Yes until you're actually on site and getting timesheets signed off a contract is basically JUST a piece of paper.

Not illegal, again as a contractor you're a flexible resource, if you can't cope with an uncertain working pattern where the client can (and will) just terminate with no notice because they've changed their mind, then think again about contracting as that's the harsh and simple reality of contracting.