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Previously on "Contract Renewal acceptance and refusing ?"

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  • PerfectStorm
    replied

    Leave a comment:


  • SueEllen
    replied
    Originally posted by Elliegirl View Post
    People have been advised on here on enough occasions to 'man up, grow a pair, focus on finding something else, don't waste your energy, etc etc' when they've had a gig cancelled by the client, even with a signed contract in place. I myself asked a simple question about what people might have got as a result of contract breach and the first response was 'no work no pay'. So it's clear that very seldom is there a successful outcome when we lose a gig as a result of a cancelled gig, no matter what the contract states, otherwise one might have expected far more good news stories.
    Not by me.

    I've received money when clients have cancelled contracts on me.

    Which is why I said in my response to your post charge your notice period.

    Once agents realise you aren't a newbie they know you are more likely to make a fuss if they try and screw you around.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by Elliegirl View Post
    People have been advised on here on enough occasions to 'man up, grow a pair, focus on finding something else, don't waste your energy, etc etc' when they've had a gig cancelled by the client, even with a signed contract in place. I myself asked a simple question about what people might have got as a result of contract breach and the first response was 'no work no pay'. So it's clear that very seldom is there a successful outcome when we lose a gig as a result of a cancelled gig, no matter what the contract states, otherwise one might have expected far more good news stories.
    But it's not an equal playing field. If we get canned we haven't done any work so haven't incurred any loses. Lost income isn't a loss but if you had relocated and stuck with accommodation bills you have a case I would say. There are also clauses about agents not paying us if the client doesn't pay them to get over as well. If we dick a client about they could prove actual loss and if they can't the agent can as he has to go find someone else and loss of commission. Very very few people have challenged this so we really don't know what the situation is. A few challenge and some get a gratia payment of something, most don't. Touch wood, no contractor has been sued for losses yet so technically we are winning. One guy did come close on here but that was because they withheld his last pay rather than an actual case of damages.

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by Elliegirl View Post
    People have been advised on here on enough occasions to 'man up, grow a pair, focus on finding something else, don't waste your energy, etc etc' when they've had a gig cancelled by the client, even with a signed contract in place. I myself asked a simple question about what people might have got as a result of contract breach and the first response was 'no work no pay'. So it's clear that very seldom is there a successful outcome when we lose a gig as a result of a cancelled gig, no matter what the contract states, otherwise one might have expected far more good news stories.
    If you have no rights in the contract, then you cannot pursue those rights. If you have rights in the contract and the contract has been breached and you choose not to pursue those rights, then that is your choice. If you have rights in the contract and the contract has been breached and you fight and win, then you win.

    Leave a comment:


  • Elliegirl
    replied
    Originally posted by TheFaQQer View Post
    Absolutely wrong - you follow what is written in the contract and ensure that you get what you are entitled to. If you have a contract which entitles you to compensation, then you get that - via the courts if necessary. If you are daft enough to have a contract which allows the client to breach it without any legal recourse, then you might want to think about rewording your contracts before agreeing them.
    People have been advised on here on enough occasions to 'man up, grow a pair, focus on finding something else, don't waste your energy, etc etc' when they've had a gig cancelled by the client, even with a signed contract in place. I myself asked a simple question about what people might have got as a result of contract breach and the first response was 'no work no pay'. So it's clear that very seldom is there a successful outcome when we lose a gig as a result of a cancelled gig, no matter what the contract states, otherwise one might have expected far more good news stories.

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by Elliegirl View Post
    Have to say this makes me laugh. Many of us have had contracts cancelled by clients before or after starting gigs and there's nowt we can do about it.
    Absolutely wrong - you follow what is written in the contract and ensure that you get what you are entitled to. If you have a contract which entitles you to compensation, then you get that - via the courts if necessary. If you are daft enough to have a contract which allows the client to breach it without any legal recourse, then you might want to think about rewording your contracts before agreeing them.

    Leave a comment:


  • Elliegirl
    replied
    Originally posted by northernladuk View Post
    Really?!?? Have you applied this logic to other types of contract such as phones etc? What do you think they would say?
    Have to say this makes me laugh. Many of us have had contracts cancelled by clients before or after starting gigs and there's nowt we can do about it. But when it comes to a situation where we are doing what's best for ourselves and wondering if we can cancel then loyalty to the contract becomes paramount. Just be honest and tell the client that you have had a better and more longer term offer when it come down to it. We are talking about a three week extension here; the agency/client might be a little miffed but can't see them taking you to the small claims court over it. Important thing is not to burn your bridges and be honest about the situation, starting with your current gig.

    Leave a comment:


  • Batcher
    replied
    Originally posted by northernladuk View Post
    What does it say in your contract?
    He doesn't know. He signed it without reading it.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by leet View Post
    Guys can some one shed light please ? - if i can just say no to extension after signing the contract ?
    What does it say in your contract?

    Leave a comment:


  • curtis
    replied
    I think you have 3 options and one is what Cheeseslice suggested, speak to the other client and explain the situation and how you had accepted 3 weeks extra and you don't ideally want to let them down is there any chance of starting a bit later.

    Or chat to current client and explain the situation and say you have had another offer which you would like to take and can you now not do the extra 3 weeks. If you have been there a long time for a sake of a few more weeks unless they need you for some major reason I can't see how they would not understand to be honest.

    Or you could try and meet in the middle say to new client you can start the week after they wanted you and say you can only do a week or a bit longer in your current one everyones happy then. Personaly for me I would chat with current client first then if its a no try and meet in the middle between the two if you can.
    Last edited by curtis; 4 September 2014, 12:46. Reason: .

    Leave a comment:


  • CheeseSlice
    replied
    Why don't you have a chat with the people for the better contract offer and ask if they could delay a few weeks?
    They may not like that, but it would get you out of a situation. They may be willing to wait if you're the right person.

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by leet View Post
    Just want to know if it is legally ok to just tell my agency that i have changed my mind and won't be renewing ?
    Yes, it's legally OK to tell them that.

    That doesn't mean that you aren't in breach of contract, which could open you up to other penalties, but it's OK to tell them that you won't be there. You just have to hope from that moment on that things fall your way.

    Leave a comment:


  • Old Greg
    replied
    Originally posted by leet View Post
    Thanks for reply. I did find articles around accepting or not accepting the renewal being contractor choice but didn't find any help around refusing after accepting the renewal by signing paper work.

    Just want to know if it is legally ok to just tell my agency that i have changed my mind and won't be renewing ?

    Thanks.
    Tell them you will be unavailable for work for a period the same as your notice period and then give notice. Offer to send a sub if you're feeling generous.

    Leave a comment:


  • anthony
    replied
    Hand in your notice and work it out.

    Or as others say risk walking out and hope nothing happens. But if you do that also think of your professional reputation, and it's never a good thing to burn your bridges.

    Leave a comment:


  • leet
    replied
    Originally posted by northernladuk View Post
    Really?!?? Have you applied this logic to other types of contract such as phones etc? What do you think they would say?
    Guys can some one shed light please ? - if i can just say no to extension after signing the contract ?

    Leave a comment:

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