Reply to: Company changed the contract after it has been signed

[kesm]

So you have no contract really then. I don't sign my contracts per se - but I get an assignment schedule which refers to the contract, and after I sign that and email them back the scan, they send me a confirmation (which i'm pretty sure has their signature on it by that point).

Can I check please if you get the signed scanned copy before the start of the contract? I have always received that on my first day or first week.

[TheFaQQer]

If you are an IPSE member, then you might be able to claim under their business interruption policy - have a read and see if it applies to you.

[SueEllen]

So you have no contract really then. I don't sign my contracts per se - but I get an assignment schedule which refers to the contract, and after I sign that and email them back the scan, they send me a confirmation (which i'm pretty sure has their signature on it by that point).

Some agencies do the trick of not signing contracts. Just like contractors who believe that not signing it means there is no contract between them and the agency, they don't realise the contract is often still valid.

More intelligent agencies now put clauses in the contract so if it's pulled at the last minute they, the agency, don't owe the contractor money though it doesn't mean the client is off the hook......

So the best thing for the OP to do in this respect is to do what TheFaQQer said and get legal advice.

[SpontaneousOrder]

There is no field for the agency to sing. I had contracts were they were issued to me, i signed them, and that was it!
Any lawyer here that I can ask some legal advice?

So you have no contract really then. I don't sign my contracts per se - but I get an assignment schedule which refers to the contract, and after I sign that and email them back the scan, they send me a confirmation (which i'm pretty sure has their signature on it by that point).

[TheFaQQer]

Can i seek legal action against the agency, and ask for the 2 weeks pay?

If you had a valid contract between your company and the agency, and the contract has been breached by the agency, and your company has suffered a material loss as a result of that breach, then you can and should sue the agency for the loss.

If any of those three criteria are missing, then you can sue the agency for the loss, but you will not win.

Before you start down this road, you would be well advised to take comprehensive professional advice rather than asking strangers on the internet what their opinion is. If you have legal services added onto your car or house insurance (for example) then you could call them as a starter and hope they understand what the situation is. If you are a member of IPSE, then call their legal helpline and see what they advise. Failing that, if you want to pursue this further, find a solicitor and take their professional advice.

Good luck.

[Batcher]

Why not? The agency said to me on the phone "please do not sue us" So there must be something i can do for that...

Yes, you can nip to the toilet and knock one out.

[northernladuk]

This is the guy that thought he could charge £400 per hour because there was a mistake in the contract....

http://forums.contractoruk.com/busin...ml#post1930087

It wouldn't be the same contract they want to amend and the perk was the £400 per hour would it?

The OP is mysteriously quiet about these perks as usual......

[northernladuk]

This is the guy that thought he could charge £400 per hour because there was a mistake in the contract....

http://forums.contractoruk.com/busin...ml#post1930087

[CheeseSlice]

There is no field for the agency to sing. I had contracts were they were issued to me, i signed them, and that was it!
Any lawyer here that I can ask some legal advice?

I was really trying to believe this, but sorry this is BS and you must be a sockie. I'm out.

[kesm]

Welcome to the world of contracting where nothing is guaranteed until you set foot on site and start invoicing. Now ditch the permie attitude of "oh my, oh my i lost my job, what should i do, what should i do", get a grip and start looking again.

Based on what are you going to sue the agency for 2 week pay? Did you actually complete any work fro the client? Better yet - did the agency even signed the contract on their end (i doubt it), if you don't have a countersigned copy of the contract you have absolutely no grounds for legal action.

There is no field for the agency to sing. I had contracts were they were issued to me, i signed them, and that was it!
Any lawyer here that I can ask some legal advice?

[sal]

So the agency issued me a contract that states the rate, start date, location, termination period (2 weeks) etc. They asked me to sign and return, which I did.

So today the agency rung me saying that the client pulled the contract all together cause they would like to hire a permanent person instead. I am fuming cause my last day in my current contract is this Friday (i gave notice).

Can i seek legal action against the agency, and ask for the 2 weeks pay?

Welcome to the world of contracting where nothing is guaranteed until you set foot on site and start invoicing. Now ditch the permie attitude of "oh my, oh my i lost my job, what should i do, what should i do", get a grip and start looking again.

Based on what are you going to sue the agency for 2 week pay? Did you actually complete any work fro the client? Better yet - did the agency even signed the contract on their end (i doubt it), if you don't have a countersigned copy of the contract you have absolutely no grounds for legal action.

[kesm]

Yes. I don't expect you to be successful though.

Why not? The agency said to me on the phone "please do not sue us" So there must be something i can do for that...

[Batcher]

So the agency issued me a contract that states the rate, start date, location, termination period (2 weeks) etc. They asked me to sign and return, which I did.

So today the agency rung me saying that the client pulled the contract all together cause they would like to hire a permanent person instead. I am fuming cause my last day in my current contract is this Friday (i gave notice).

Can i seek legal action against the agency, and ask for the 2 weeks pay?

Yes. I don't expect you to be successful though.

[kesm]

But you don't have a contract. Unless I've misunderstood?
Do you have a signed assignment schedule

So the agency issued me a contract that states the rate, start date, location, termination period (2 weeks) etc. They asked me to sign and return, which I did.

So today the agency rung me saying that the client pulled the contract all together cause they would like to hire a permanent person instead. I am fuming cause my last day in my current contract is this Friday (i gave notice).

Can i seek legal action against the agency, and ask for the 2 weeks pay?

[SpontaneousOrder]

thanks all!

Can I go against the agency for changing the terms of the contract altough it was issued by them as final and it was signed by me?

It just feels wrong changing the terms to an agreed contract 3 days before the start date, considering I gave notice at my current one..

But you don't have a contract. Unless I've misunderstood?
Do you have a signed assignment schedule