Reply to: Can agency/client withdraw offer after offering?

[gables]

Um, you've only had an offer, there's been a delay.... I'd definitely be looking for another contract.

[WTFH]

Can agency/client withdraw offer after offering?

Some of you didnt read my original post properly. Screening has not started yet so I havent signed a formal contract. A provisional offer has been sent only via email nothing has been signed by any parties. My question was why the delay im screening to get me onsite? Can they withdraw the provisional offer after saying that I have the job?

Then the answer to your questions are:
1. "Why the delay"... Ask the agent if there is a problem, or why there is a delay.
We aren't the agent or the end client, so we can't answer that one. Communicating with the agent may help to provide your answer. There could be numerous reasons for the delay, many of which relate to the complexities of big businesses and corporate rules to jump through.

2. "Can they withdraw" ... without seeing the wording of the offer, the short answer would be yes. If you have not signed a contract and you are not providing the service as defined in a contract, then there is no contract.
But rather than getting het up about that, you need to sort out question 1 first of all. We can't do that for you.

The responses you received above are from people who read your first post, saw that the agent was trying to get you to accept a rate reduction and were advising you that the agent was most likely having you on. It is not that they did not read your post, it is that in their experience they have seen that kind of trick before.

[Lance]

Some of you didnt read my original post properly. Screening has not started yet so I havent signed a formal contract. A provisional offer has been sent only via email nothing has been signed by any parties. My question was why the delay im screening to get me onsite? Can they withdraw the provisional offer after saying that I have the job?

There is nothing in place for them to withdraw from. This isn't a job offer. It's B2B.
Until the screening has started, or a contract signed you've got diddly squat.

[starburst89]

Some of you didnt read my original post properly. Screening has not started yet so I havent signed a formal contract. A provisional offer has been sent only via email nothing has been signed by any parties. My question was why the delay im screening to get me onsite? Can they withdraw the provisional offer after saying that I have the job?

[ladymuck]

I've pulled put of a gig on a Thursday afternoon when I was supposed to be on site on the Monday morning. Got a better offer that meant a couple of weeks bench time but the break was well timed so I didn't mind.

The most entertaining part was that both clients used Capita with client A putting their requirement through an agency to do the sourcing. Initially I was a little embarrassed but then realised that all the referencing had been done, a week earlier, so it was a quick turnaround and Capita got to charge twice for a job done once.

[northernladuk]

Honest question, how can you continue to search for a new role if you have already signed the contract?

Why wouldn't you? As you may have seen just having a contract isn't guaranteeing you start so you are just mitigating the risk. Continue firing off your CV and attending interviews until you are absolutely certain you will start. Can't do any harm.

If you find a better role but haven't started at the original place you still have a contract they could in theory sue you, at the least you're burning a bridge.

The three outcomes of continuing to search are.

No luck but original one comes through. Happy days.
Original one falls through but you've got irons in the fire so no time lost. OK situation.
And then the one you mention where you get an offer while waiting for one to start. It's a short window so unfortunate but not a bad situation to be in. Depending on the specifics there are ways to handle this. Plenty of people on here ask questions about this and tons of advice what to do. Some will honour the original one through a sense of moral obligation. Others will risk pissing the agent off and just cancel the gig. Effectively give notice and advise during the notice they won't be on site. The agent will be seriously pissed scaling with how long before the gig was going to start. We've yet to see an agent take legal action though.

Depends how thick skinned you are I guess.

I think it's one of those things where you have to hope it comes through and you can't do too much else.

But you can.. You can carry on looking to mitigate the worst case they dump you before it starts.

Oh and you could get IPSE+ membership to get some cash of the agent breaches.

[Lance]

Yeah, I can imagine the wife's face when I tell her that!

just overrule her.....
Don;t tell me you've let her have 50%..... d'OH........ max it at 49% then you're in control...

[BrilloPad]

Honest question, how can you continue to search for a new role if you have already signed the contract?

If you find a better role but haven't started at the original place you still have a contract they could in theory sue you, at the least you're burning a bridge.

I think it's one of those things where you have to hope it comes through and you can't do too much else.

How can you NOT continue to search for a contract until you are on-site?

Even then, I am always looking for something that pays more.

[Antman]

errrr.
Does a car salesman stop selling cars as he's just sold you the last one?
Sue you for what? Only if you breach the contract. So it depends on the terms of the contract. My current contract has 0 days notice for termination both ways.

Easy answer is contact the agent the day before, and say you're no longer available but you have a sub ready to go.

Yeah, I can imagine the wife's face when I tell her that!

[Lance]

Honest question, how can you continue to search for a new role if you have already signed the contract?

If you find a better role but haven't started at the original place you still have a contract they could in theory sue you, at the least you're burning a bridge.

I think it's one of those things where you have to hope it comes through and you can't do too much else.

errrr.
Does a car salesman stop selling cars as he's just sold you the last one?
Sue you for what? Only if you breach the contract. So it depends on the terms of the contract. My current contract has 0 days notice for termination both ways.

Easy answer is contact the agent the day before, and say you're no longer available but you have a sub ready to go.

[Antman]

Honest question, how can you continue to search for a new role if you have already signed the contract?

If you find a better role but haven't started at the original place you still have a contract they could in theory sue you, at the least you're burning a bridge.

I think it's one of those things where you have to hope it comes through and you can't do too much else.

[Lance]

In addition to what other have said....
You say you have an offer. Is it a contract, between the agency and your LTD, with the agencies signature on? If not then it isn't an offer.

[BrilloPad]

It all depends on the sector and client. On-boarding took 3 months earlier this year for me. I was already in a job so no big deal.

Its a bank. Its a miracle banks manage to operate they are so inefficient. Hang on - they have a monopoly and effectively have a licence to print money.....

[pauldee]

I remeember once where I was offered a contract and the agency insisted I end my contract a few days early. I wasn't keen, but did it as it was supposed to be a sure thing as the contract was signed. On the afternoon I ended my contract, the agency called and told me the new contract was pulled. I ended up invoicing the agency for lost earnings as he had insisted I end my contract early.

How did that go?

[borderreiver]

Just concerned why the delay and if they can now withdraw the offer after offering?

Yes they can. You're a business, and this is just another business risk you have to bear.

Even if you have a signed contract, they can probably terminate you at any time, depending on your contract terms. If you turn up at the client site one morning and they tell you you're no longer needed you might be able to bill them for that day, but that's about it.

Welcome to contracting.