Reply to: Client changes start date after contract is signed, is it breach ?

[Zsat01]

Thanks everyone

No questions were asked, all sorted

[SussexSeagull]

Short answer: No

Long answer: Quite possibly yes but they could just say there is no work for you yet so won't sign a time sheet. In reality it would take such an effort legally to prove the point for quite possibly no reward it isn't worth pursuing.

[Old Greg]

Boom!!

Or there is the age old 'taking a dump on the client managers desk' route. Sure fire exit with no breach.

Or not using apostrophes.

[northernladuk]

You just exercise your right of substitution and then call it quits when they don't want your subbie.

Boom!!

Or there is the age old 'taking a dump on the client managers desk' route. Sure fire exit with no breach.

[Old Greg]

You think you can get away from contracting responsibilities by giving notice and then just not turning up again? How do you think the courts will see that? It's obvious you are doing it for no other reason than not to honour the contract and as doing work is fundamental to the contract it could easily be seen as breach.

Your example above isn't the same. That's just holidays and availability which is different.

Just tell the client what's going to happen and they don't have a choice. They will just terminate there and then and you don't need to bugger about playing silly games.

You just exercise your right of substitution and then call it quits when they don't want your subbie.

[northernladuk]

Are you sure? Done lots of work with consultancies and they routinely are not available. Sometimes for critical weeks/months even when delivery date has been known for months ahead of time. Are they in breach as well? Not really any different. Maybe they are but it never sees litigation so why does it matter?

You think you can get away from contracting responsibilities by giving notice and then just not turning up again? How do you think the courts will see that? It's obvious you are doing it for no other reason than not to honour the contract and as doing work is fundamental to the contract it could easily be seen as breach.

Your example above isn't the same. That's just holidays and availability which is different.

Just tell the client what's going to happen and they don't have a choice. They will just terminate there and then and you don't need to bugger about playing silly games.

[jayn200]

Not really. You'd be in breach. Client - Supplier relationships are not even so it doesn't always go both ways. If they provide and will pay for the work there are certain obligations in the contract to be filled. By doing something like this it is blatently obvious you are not honouring the notice period so could land in hot water. It's pretty thinly veiled. Yes yes it's very complicated, got to go legal and all that but still worth understanding and discussing. Unlikely to happen but you could be in breach for tricks like that.

Good luck getting your last invoice paid as well.

Are you sure? Done lots of work with consultancies and they routinely are not available. Sometimes for critical weeks/months even when delivery date has been known for months ahead of time. Are they in breach as well? Not really any different. Maybe they are but it never sees litigation so why does it matter?

[WTFH]

Is this the same contract you wanted to walk away from?
https://www.contractoruk.com/forums/...tart-date.html

Sounds like we've got 2 parts of the story now, can you fill in the rest please?

[northernladuk]

Hi all

Client offered me a contract with a start date on Dec 4th ( all signed 3 weeks ago) and now I'm told it is postponed till 9th )

The notice period is 2 weeks for this contract, it is breach of contract ? and I should be able to say no to the contract

And there shall be no issues legally right ?

It is just 3 days but I find this unreliable

Thanks

Technically you are bound by the terms of the contract. You've comitted to it by signing it. The start date is just an agreement you'll start doing the work, which is a little irrelvant as there will be a clause in your contract that says they don't have to offer you work. You are still in contract though, just not getting paid. Sucks but it's not uncommon in contracting. You are a supplier and can only start when a client is ready for you.

So no, they are not in breach of contract. It's covered by the no work no pay rule. To get out of it in theory you'd have to give notice as per the contract. That's the theory. Practice is quite different.

In practice if you really do want to get out the speak to the agent QUICKLY!!!!!. The longer you leave this the uglier it's going to get. The agent is going raise a right stink and give you a ton of grief. They could threaten to sue you as well. Just ignore it. To sue you they have to prove a loss and you've not started so no loss. They can get someone in in a week. Should the bollocking you might get on and jobs a good un.

[northernladuk]

Goes both ways. You can just as easily give notice then say you're not available.

Not really. You'd be in breach. Client - Supplier relationships are not even so it doesn't always go both ways. If they provide and will pay for the work there are certain obligations in the contract to be filled. By doing something like this it is blatently obvious you are not honouring the notice period so could land in hot water. It's pretty thinly veiled. Yes yes it's very complicated, got to go legal and all that but still worth understanding and discussing. Unlikely to happen but you could be in breach for tricks like that.

Good luck getting your last invoice paid as well.

[jayn200]

What does your contract state?

If it's outside IR35, then it's typically a case of no work, no pay per the majority of contracts.

Goes both ways. You can just as easily give notice then say you're not available.

[LondonManc]

I've an option to extend in my current role

I find the new one unreliable considering the current climate I feel its risky and don't want to be unemployed

Wait for NLUK to dive all over this.

We know what you mean though.

If your current one is a contract that doesn't want you to leave, why are you? Mo' money?

[GhostofTarbera]

Hi all

Client offered me a contract with a start date on Dec 4th ( all signed 3 weeks ago) and now I'm told it is postponed till 9th )

The notice period is 2 weeks for this contract, it is breach of contract ? and I should be able to say no to the contract

And there shall be no issues legally right ?

It is just 3 days but I find this unreliable

Thanks

Stop your whinging, it’s not a beach of contract

Give notice if your not happy and spend Xmas in the bench


Sent from my iPhone using Contractor UK Forum

[Zsat01]

Do you have another contract that you can start on the 4th

If not don't stress about it, start dates change all the time as things crop up.

Yes I do, lower rate but more stable as I'm there for a year

[Zsat01]

Do you have another contract that you can start on the 4th

If not don't stress about it, start dates change all the time as things crop up.

I've an option to extend in my current role

I find the new one unreliable considering the current climate I feel its risky and don't want to be unemployed