Reply to: Accepting another contract due to delay

[ASB]

Huge, huge thanks for the very helpful responses. I really appreciate everyone who took the time to offer their seasoned advice!

It seems, for the most part, that this is unlikely to be considered unprofessional or in breach of a verbal contract, which is a huge relief—and furthermore, that I should take this as a lesson not to take anything as a given until the contract is signed.

Since there's some discussion about the nature of my verbal agreement, let me try to flesh it out a bit. The recruiter for the first client called to let me know that the client was happy to proceed with the rate discussed, and asked if I would accept the contract. (Which I did.)

The timeframe outlined for a contract being sent was within two or three days of the offer. Further information about the delayed start date and need for review on the client's side came a week later.

My guess, albeit uneducated, is that this doesn't count as a verbal contract as such—my biggest concern was really that I would be acting outside of professional norms rather than in breach of a legally-binding agreement.

OP, a good way of dealing with this for the future is to make your "opening gambit" specifically "subject to contract". Then you are fine. They could attempt to argue subsequent verbals are binding but it would be a struggle.

Something like:-

Darling pimp,

thank you for introducing me to your client wombles plc. I feel the initial meeting was constructive and would, subject to contract, be interested in working further with them.

[GB9]

And did you?

No. The first contract was in Edinburgh which is a nightmare to get to. The rate was ok but the discussions were more around off site working.

The one I took was very central London and an easy walk from Kings X. Similar rate but none of the travel issues. Not remotely worth leaving for.

[BlasterBates]

Since the contract doesn't have a start date you won't be in breach if you don't start on the date they request. When they come back to you just come back with your new start date in 3 or 6 months time. In other words you don't actually turn the project down, you just reschedule it.

[LondonManc]

Huge, huge thanks for the very helpful responses. I really appreciate everyone who took the time to offer their seasoned advice!

It seems, for the most part, that this is unlikely to be considered unprofessional or in breach of a verbal contract, which is a huge relief—and furthermore, that I should take this as a lesson not to take anything as a given until the contract is signed.

Since there's some discussion about the nature of my verbal agreement, let me try to flesh it out a bit. The recruiter for the first client called to let me know that the client was happy to proceed with the rate discussed, and asked if I would accept the contract. (Which I did.)

The timeframe outlined for a contract being sent was within two or three days of the offer. Further information about the delayed start date and need for review on the client's side came a week later.

My guess, albeit uneducated, is that this doesn't count as a verbal contract as such—my biggest concern was really that I would be acting outside of professional norms rather than in breach of a legally-binding agreement.

What legally binding agreement? They've failed to follow it up with something physical so the first breach is on their side. one thing you might consider saying when offered a contract is accepting it "subject to review" - i.e. you agree in principle but want to get it checked out for IR35 and other potentially restrictive terms. It means that they haven't then got a leg to stand on when nothing is presented to you for review

Good luck with your new role.

[SlipTheJab]

This happened to me 3 years ago.

2 weeks intense interviews and negotiation to get to an offer then silence for a week whilst waiting for a contract to come through. Agent finally told me client had a new HR director who wanted to review all rates and bring in a rate card. It might take a couple of weeks. So in that time I got a different contract.

2 weeks later the agent is on asking if I'm still available. Sorry, no. Fair enough. 2 days after that, agent on again, first client would pay 10% more if I left the contract I was in and joined them.

Moral: if they want you then any previous goes out the window.

And did you?

[GB9]

If you want to know unprofessional give it a few weeks and the agent you've just let down will be on the phone again asking if he/she can tempt you away.

You made a business decision. As long as you handled it courteously then everyone else will see it that way (eventually).

This happened to me 3 years ago.

2 weeks intense interviews and negotiation to get to an offer then silence for a week whilst waiting for a contract to come through. Agent finally told me client had a new HR director who wanted to review all rates and bring in a rate card. It might take a couple of weeks. So in that time I got a different contract.

2 weeks later the agent is on asking if I'm still available. Sorry, no. Fair enough. 2 days after that, agent on again, first client would pay 10% more if I left the contract I was in and joined them.

Moral: if they want you then any previous goes out the window.

[Contreras]

If you want to know unprofessional give it a few weeks and the agent you've just let down will be on the phone again asking if he/she can tempt you away.

You made a business decision. As long as you handled it courteously then everyone else will see it that way (eventually).

[Jordan]

Ok, who's hacked NLUK's account?

I think what he meant to say was:

As soon as you've even so much as given a slight indication - perhaps as small as a wink or a nervous facial tick - to either the agent or the client that you'll accept the unmaterialised contract, you're in lifelong indentured servitude to the agent & client. At this point, attempting to change your mind and get out of it is unprofessional and the actions of a "maverick" and the contractor fraternity can do without the likes of you sullying their good name, thank you very much.

Noted; I will practise my poker face in the mirror and conduct all future conversation through carrier pigeon.

[Jordan]

Huge, huge thanks for the very helpful responses. I really appreciate everyone who took the time to offer their seasoned advice!

It seems, for the most part, that this is unlikely to be considered unprofessional or in breach of a verbal contract, which is a huge relief—and furthermore, that I should take this as a lesson not to take anything as a given until the contract is signed.

Since there's some discussion about the nature of my verbal agreement, let me try to flesh it out a bit. The recruiter for the first client called to let me know that the client was happy to proceed with the rate discussed, and asked if I would accept the contract. (Which I did.)

The timeframe outlined for a contract being sent was within two or three days of the offer. Further information about the delayed start date and need for review on the client's side came a week later.

My guess, albeit uneducated, is that this doesn't count as a verbal contract as such—my biggest concern was really that I would be acting outside of professional norms rather than in breach of a legally-binding agreement.

[northernladuk]

Is that a fact? Say for example you have a RTS clause in your contract, and there isn't a corresponding one in the "mirror" contract then HMRC can call your RTS clause a sham right there.

You are taking the current situation out of context though. This is about the legal position between agent and contractor, which arguably doesn't exist at this point.

And you could argue if it's not there it's still mine of your business. It's a problem yes and something you don't want but you've no control over the upper contract. All you can do is try find out and turn down your contract in the hope the agent and client renogtiate there's, which is unlikely.

[suityou01]

Which is none of your business.

Is that a fact? Say for example you have a RTS clause in your contract, and there isn't a corresponding one in the "mirror" contract then HMRC can call your RTS clause a sham right there.

[LondonManc]

Everything, we don't know if it's the contract between the agency and the client and obvious will affect the agency and the contractor.

Your contract is with the agency.

If they are in no position to activate that because the client haven't activated the upper contract, it's irrelevant. Having an intention to extend a contractor is not the same as having the signed-off budget to do so.

[northernladuk]

Everything, we don't know if it's the contract between the agency and the client and obvious will affect the agency and the contractor.

Which is none of your business.

[Bee]

What's it got to do with the client. Your engagement is with the agency. You have no relationship with the client.

And can you put your comment after the quote, not before please.

Everything, we don't know if it's the contract between the agency and the client and obvious will affect the agency and the contractor.

[northernladuk]

Ok, who's hacked NLUK's account?

I think what he meant to say was:

As soon as you've even so much as given a slight indication - perhaps as small as a wink or a nervous facial tick - to either the agent or the client that you'll accept the unmaterialised contract, you're in lifelong indentured servitude to the agent & client. At this point, attempting to change your mind and get out of it is unprofessional and the actions of a "maverick" and the contractor fraternity can do without the likes of you sullying their good name, thank you very much.

Nailed it.