Reply to: Declining a contract offer after signing

[SueEllen]

Whilst we all know you're right, exactly why doesn't it work like that? If you bail on a signed contract before the gig starts, it's a breach, but it's clearly also a breach if the agency pulls the same stunt, no?

I suspect that the reason "it doesn't work like that" is that, collectively, as contractors' we allow ourselves to be walked all over far more than any agency ever would. Perhaps if we actually started to stand up for ourselves in such situations, we wouldn't be treated as expendable peons.

To get it to work like that you need to pay to have your contract reviewed by someone with contract law expertise. Most contractors won't pay for it so agencies will write what they like in contracts.

[victorvn15]

Thanks all for the advise.
I did inform them and they were kind enough to understand my situation and let me off.
A good lesson learnt to always have a notice both ways.

[billybiro]

Doesn't work like that I'm afraid.

Whilst we all know you're right, exactly why doesn't it work like that? If you bail on a signed contract before the gig starts, it's a breach, but it's clearly also a breach if the agency pulls the same stunt, no?

I suspect that the reason "it doesn't work like that" is that, collectively, as contractors' we allow ourselves to be walked all over far more than any agency ever would. Perhaps if we actually started to stand up for ourselves in such situations, we wouldn't be treated as expendable peons.

[BrilloPad]

Next time get a notice period.

[radish2008]

Hi friends,

I have been offered a contract which I have signed. But things have changed due to some family issues and I am not in a position to provide my services for the contract. Now my contract terms do not have any clause for me to terminate the contract and there is no scope of a notice period. So my question is does a contract come into effect from the day of signing or is it effective from the day the services are supposed to start. I still have few weeks to start the contract hence evaluating my options.

If I reject to join can the agency sue for breach of contract or claim damages for the same.

Personally I think 2 weeks out they will have someone else lined up. If it was the day before they would be pissed but I still doubt they will do anything. Explain your personal circumstances that you mention. Let us know what happens.

[Eirikur]

Third sentence of the OP's post...

Three sentences? That's way past my attention span

[northernladuk]

If there's a notice period in the contract, just give notice.
Most likely they will tell you not to come at all.

Or propose a substitute

Third sentence of the OP's post...

Now my contract terms do not have any clause for me to terminate the contract and there is no scope of a notice period.

[Eirikur]

If there's a notice period in the contract, just give notice.
Most likely they will tell you not to come at all.

Or propose a substitute

[d000hg]

You need to lean on relationship and the human angle with the agent since they can choose to let you out of a contract even if they don't have to.

[psychocandy]

OP - genuine family issue or not?

If it is then fair play, family is more important. Agency will moan but tough luck. As others have said, tell them NOW.

They wont sue you unless they think you're having them on.

[northernladyuk]

I've asked you what your situation is a number of times and you've not given me any evidence so I make the assumption you are a permie. You are invited to prove me wrong.

And maybe taking some of your own medicine from time to time would be nice.

Haven't we established that bee is a morbidly obese alcoholic Scotsman living in Devon?

[northernladuk]

I don't allow you to make false statements without evidence.
If you don't have anything constructive to say, don't say anything.

I've asked you what your situation is a number of times and you've not given me any evidence so I make the assumption you are a permie. You are invited to prove me wrong.

And maybe taking some of your own medicine from time to time would be nice.

[SueEllen]

I don't allow you to make false statements without evidence.
If you don't have anything constructive to say, don't say anything.

Yes he is wrong but only because you are a sockie.

[Bee]

Utter rubbish. The whole contract exists and he's breached it.

Guess that's what happens when a permie from another country posts on a UK contractor forum.

I don't allow you to make false statements without evidence.
If you don't have anything constructive to say, don't say anything.

[kaiser78]

Hi friends,

I have been offered a contract which I have signed. But things have changed due to some family issues and I am not in a position to provide my services for the contract. Now my contract terms do not have any clause for me to terminate the contract and there is no scope of a notice period. So my question is does a contract come into effect from the day of signing or is it effective from the day the services are supposed to start. I still have few weeks to start the contract hence evaluating my options.

If I reject to join can the agency sue for breach of contract or claim damages for the same.

As a learning in addition to what others have said, make sure there are clauses in relation to these areas in any future contracts you undertake.

Now come back tomorrow and advise us that you have spoken to your agent first thing and they are going to smooth things over for your seamless removal from said contract.