Originally posted by eek
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Previously on "Can Agency re-issue an amended contract before the current one has ended?"
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Originally posted by gables View Post
Are we at the same client? I've not got a new contract (yet) as such but an extension on the rate originally agreed, but I know the rate will go down by 1.25% on 12th December.
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Originally posted by eek View PostGot a similar email with a new contract.
worse the initial contract was issued after the NI change was announced so it’s a change in t&cs they should have been aware of when I started the contract.
We need to work out if the person playing games is the end client or the lead agency.
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Originally posted by Willy Win View Post
Can they legally ask me to sign a new contract with a new start date in the future but with the same end date when I am still in contract with the current one or can I refuse? Not sure why they are doing this quite frankly. I am paid via an umbrella
And you can legally refuse. You might (probably) end up without a job though.
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Got a similar email with a new contract.
worse the initial contract was issued after the NI change was announced so it’s a change in t&cs they should have been aware of when I started the contract.
We need to work out if the person playing games is the end client or the lead agency.
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Originally posted by jamesbrown View PostEffectively, yes, because they will be terminating the existing contract (which will have termination clauses) and issuing a new contract.
What I'm trying to say is, they told you Monday and want it signing my next monday yet you have a 30 day termination clause then technically your old one will run for 30 days before the new one kicks in.
I say technically. Really they hold all the cards and any arguing isn't going to amount to much. You could point out the old clause if it's in your favour and suggest you work out the termination of the old one by signing but it's likely to get the agents back up and come to naught. They have a contract, if you want it you are likely going to have to bend over.
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Effectively, yes, because they will be terminating the existing contract (which will have termination clauses) and issuing a new contract.
Of course, you can check what they are doing against the termination clauses and you can negotiate before signing the new one but, unless the power is with you (it sounds like not), you may not have much mileage. Even if there is a breach of contract w/r to termination clauses (there won't be), it would be hard to gain anything from that unless you can demonstrate loss.
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Can Agency re-issue an amended contract before the current one has ended?
My current contract is from August to February and all contractors will be on furlough from mid December to the New Year. However the agency has just issued me with a new contract to sign from mid December to the same end date in February but with a slightly less day rate than currently. Added to that, payment terms are 30 days then weekly, so I would be waiting another 30 days again if I signed it.
Can they legally ask me to sign a new contract with a new start date in the future but with the same end date when I am still in contract with the current one or can I refuse? Not sure why they are doing this quite frankly. I am paid via an umbrella
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