Reply to: Advice on Breach of contract from the recruiter

[northernladuk]

Are you suggesting you are committed to a contract over 6 months that doesn't provide any work ?

I would say not.

Well not really. If the work doesn't appear with a certain time frame it's almost certain the whole contract will get cancelled, either with notice periods being given or just completely binned. With no work it's the same thing.

If they don't and keep you hanging on you serve notice and go.

If you do nothing then I guess so but it will never get to that in reality.

[LondonManc]

Are you suggesting you are committed to a contract over 6 months that doesn't provide any work ?

I would say not.

If there's no MoO, then you're not obliged to accept anything that you don't have in your contract deliverables.

[BlasterBates]

Not really. The contract can become active on the date stated but the client has no work for him. Everything is in order.

Same could be said if the client ditches the whole thing. The contract can run it's full term without any work being offered to the contractor. Everything is still in order.

If the agent is stupid enough to change the date on the contract after it's been signed then maybe.

Are you suggesting you are committed to a contract over 6 months that doesn't provide any work ?

I would say not.

[BrilloPad]

What research did you do BEFORE signing the contract?

[MrMarkyMark]

Can't really judge like that - we don't know the reasons why they bailed early...

He seems to think it strengthens his case that he has lost out in some way.

So I will stand by my assumption until corrected by the OP.

[LondonManc]

Can't really judge like that - we don't know the reasons why they bailed early...

He's talking about resigning from one job to get another job so in NLUK's world, he deserves all he gets - firstly for jumping ship and secondly referring to them as jobs.

HTHBIDI

[kaiser78]

You mean you bailed early from your last contract?

Goes around, comes around, comes to mind .

Good point well made.

Can't really judge like that - we don't know the reasons why they bailed early...

[northernladuk]

Generally not worth it, once the agent delays the start that's when you look for a new contract. You are correct that they're in breach by changing the start date, that is why you are not beholden to the contract.

Not really. The contract can become active on the date stated but the client has no work for him. Everything is in order.

Same could be said if the client ditches the whole thing. The contract can run it's full term without any work being offered to the contractor. Everything is still in order.

If the agent is stupid enough to change the date on the contract after it's been signed then maybe.

[BlasterBates]

Generally not worth it, once the agent delays the start that's when you look for a new contract. You are correct that they're in breach by changing the start date, that is why you are not beholden to the contract.

[northernladuk]

You mean you bailed early from your last contract?

Goes around, comes around, comes to mind .

Good point well made.

[MrMarkyMark]

Hi,

I am IT Contractor and director of my limited company.
I got a job contract from the recruiter which suppose to start 2 weeks ago as per my Job contract but recruiter told me at the last stage( one day before my start date) that my start date has been delayed because the end client did not sign purchase order and the manager is off sick . Since then the recruiter says the same story when i ask for update.
Now i have feeling that recruiter is just wasting my time and money.
Can you please advice if i can get my pay as per my job contract start date as the contract is delayed from the agency/end client not from my side.
please note that in my job contract my notice period is one week and i have resigned from other job to get this job.

I will be very thankful if advised ASAP as this situation is very stressful for me.
Thanks
Jamal

You mean you bailed early from your last contract?

Goes around, comes around, comes to mind .

[mattfx]

Sorry to hear of your woes OP. As others have said there's no real comeback for you here; all the start date of your contract means is exactly that - the day you start work. You cannot sue for breach of contract unless there has been financial loss, and, as you haven't done any work you haven't actually lost anything. I understand that you may *feel* like you've lost two weeks work because you've been on the bench, but because you haven't carried out any work for the client no loss has been incurred.

If they were refusing a timesheet, totally different ball game.

Good luck finding another contract quickly - this sucks just before Christmas.

[northernladuk]

Firstly check your contract. I expect it will say something along the lines of you won't get paid unless you have a signed timesheet. Because you haven't done any work you don't have a signed timesheet so no pay. We work on a T&M basis and get paid for work we do. That's part of the risk of contracting.

I don't think this is breach as you are getting paid the agreed amount for the work you are doing. Nothing.

You shouldn't stop looking until you are sitting at a clients desk. This situation isn't uncommon.

[LondonManc]

If you are a member of IPSE, have a look at compensation for business interruption - there may be a case for the agent to answer.

As others have said, though, generally it's no work, no bill in contracting.

Keep yourself on the market until you've logged on at your new client co - that way you know they've got a PO for you because they generally need one to provision your account.

Tough lesson to learn - been there, done that.

[HugeWhale]

Seek legal advice and read your contract.

Typically you would not have a leg to stand on. This is one of the risks of contracting.