Where do I stand?

[slackbloke]

Recently I decided to get a new contract.

1. I went for various interviews and I accepted a contract in the west
2. There were some discussions with the agent in relation to the start date.
3. I have made it abundantly clear that I could not start when he wanted me
4. There was only one week between the 2 starting dates
5. I gave notice on my existing contract ( running up to dec 08)
6. Signed a leased on a flat in the new area
7. Booked my flights.
8. I still had not signed the new contract
9. The Friday preceeding the Monday I was meant to start ( never having agreed the date), the agent advised me as I was unable to start on that day the contract ( as yet unsigned) was cancelled.

Any one knows:
a) have I got any legal redress
b) a specialist lawyer whi understand these matters

Sorry, I can't quite understand point 9. 'the Monday I was meant to start' ? But surely you never agreed a start date, so what day was the Monday. the day you wanted to start? Had you been sent a contract with a different date or was it all verbal?

[RichardCranium]

These sort of stories need filing away for future reference in The Dark Times.

I agree that dealing with the End Client is probably the best course of action at this time. I did this myself and got a fair result out of a messy situation.

I would like to mention my own experience here, albeit in different circumstances, as I hope others will learn from my mistake.

For me, events were as follows:

1. Before the interview I advised the agent the date I was available from.
2. I went for the interview and stated the same availability date again (no start date was discussed).
2. The agent offered me the contract with the start date being the very same date I was available from - about 10 days ahead.
3. Contract not received before the contract start date despite my insistance that I had the contract beforehand. Agent said delay due to client signatory on holiday, but now sorted. The agent emailed a blank contract to me (just standard conditions) with a separate email of the actual terms/rates etc, with a verbal promise that the actual contract had been put in the post. The agent said it was against company policy to email the actual contract.
4. Contract start date - agreed to start work after agent made desparate plea. Decided to commence work trusting the contract was waiting for me when I got home.
5. No contract when I got home - sent email to agent
6. No reply from agent the next day. (Day 2 of contract). Sent further email to agent demanding a telephone call to explain where the contract was.
7. Day 3 of contract - received phone call from agent to say that the client wanted to have a longer contract than the six months we had agreed and therefore was preparing fresh paperwork.
8. Later in the day asked the onsite manager what his view was. He said that the client Head Office had not signed their contract with the agent and would find out more.
9. Day 4 - onsite manager advised that the agent had tried to impose terms that had not been agreed by the client, including a higher rate. Client stated that I should not have been onsite whilst this was going on.
10. Phoned agent demanding explanation and said that I had to leave until all sorted out. Left site.
11. Recieved 10 phone calls from the agent and his supervisors/managers over 4 hours asking me to go back next day with no contract agreed with the client. When I asked for a contract they would only provide a blank contract for me to sign and they could put in the terms later, once finalised with the client. Told agent where to go. Then received an abusive phone call from agent's manager - decided not to answer the phone any more.
12. I contacted client Head Office and told them events from my point of view. Client was very supportive and wrote a letter to me to confirm the situation.
13. Issued invoice to agent based on their original email stating the daily rate. Agent ignored invoice and reminders for payment.
14. 3 months later took agent to court and provided the client's letter and email evidence to judge. Judge wrote to the agent to call their bluff (as agent had claimed that I had messed them around and walked off site - hence no payment). One month before the hearing the agent pulled out and settled for the invoice amount plus my expenses and interest.

Overall, the client can be very supportive. Give them a call.

So I've reposted the whole thing 'cos I can't think of another way.

[xanadu]

you could always ring the End Client and see how the land lies from their side

I agree that dealing with the End Client is probably the best course of action at this time. I did this myself and got a fair result out of a messy situation.

I would like to mention my own experience here, albeit in different circumstances, as I hope others will learn from my mistake.

For me, events were as follows:

1. Before the interview I advised the agent the date I was available from.
2. I went for the interview and stated the same availability date again (no start date was discussed).
2. The agent offered me the contract with the start date being the very same date I was available from - about 10 days ahead.
3. Contract not received before the contract start date despite my insistance that I had the contract beforehand. Agent said delay due to client signatory on holiday, but now sorted. The agent emailed a blank contract to me (just standard conditions) with a separate email of the actual terms/rates etc, with a verbal promise that the actual contract had been put in the post. The agent said it was against company policy to email the actual contract.
4. Contract start date - agreed to start work after agent made desparate plea. Decided to commence work trusting the contract was waiting for me when I got home.
5. No contract when I got home - sent email to agent
6. No reply from agent the next day. (Day 2 of contract). Sent further email to agent demanding a telephone call to explain where the contract was.
7. Day 3 of contract - received phone call from agent to say that the client wanted to have a longer contract than the six months we had agreed and therefore was preparing fresh paperwork.
8. Later in the day asked the onsite manager what his view was. He said that the client Head Office had not signed their contract with the agent and would find out more.
9. Day 4 - onsite manager advised that the agent had tried to impose terms that had not been agreed by the client, including a higher rate. Client stated that I should not have been onsite whilst this was going on.
10. Phoned agent demanding explanation and said that I had to leave until all sorted out. Left site.
11. Recieved 10 phone calls from the agent and his supervisors/managers over 4 hours asking me to go back next day with no contract agreed with the client. When I asked for a contract they would only provide a blank contract for me to sign and they could put in the terms later, once finalised with the client. Told agent where to go. Then received an abusive phone call from agent's manager - decided not to answer the phone any more.
12. I contacted client Head Office and told them events from my point of view. Client was very supportive and wrote a letter to me to confirm the situation.
13. Issued invoice to agent based on their original email stating the daily rate. Agent ignored invoice and reminders for payment.
14. 3 months later took agent to court and provided the client's letter and email evidence to judge. Judge wrote to the agent to call their bluff (as agent had claimed that I had messed them around and walked off site - hence no payment). One month before the hearing the agent pulled out and settled for the invoice amount plus my expenses and interest.

Overall, the client can be very supportive. Give them a call.

[MrsGoof]

you could always ring the End Client and see how the land lies from their side

[Ruprect]

Sounds to me like you're knackered. Without a written (and signed) contract, I don't think you can expect much.

[Ardesco]

No signed contract would mean you are up tulip creek without a paddle imho. Write some threatening letters to try and get something back but I wouldn't bother going as far as court as I don't think you have a snowballs chance in hell of winning.

[McBainCo]

I have been a number for a number of years.

When the BB changed its look (about 2/3 years ago) my count was "zeroised".

Ref contract, the issue is with the agent:

a) I had always made clear to him when I was able to start.
b) He did not pass the info to the Client until 13/06 i.e only the Friday preceeding the Monday they wanted me to commence
c) I remember Malviolo from the early days.
d) I needed a rest anyway!

[TheVoice]

I had a potential client mess around but at interview stage. Spent 150 quid on flying out to see them, booking 2 days out of my time, accomodation etc & then about an hour after I landed, the agent rung to say "it's cancelled due to rescheduling of recruitment process on the client side" - the interview was 3 hours later.

I told them when they booked that I wouldnt accept a cancellation once I'd booked & paid for stuff, so I invoiced the agent who ignored it. I then invoiced the client for 2 days at my standard rate, plus recharged all accom & travel. Came to about 700 quid.

The invoice became overdue, I chased it to director level, said directors were disgusted at what had happened in my case & they paid.

Needless to say both the agent & their client are now on my blacklist.

Now, that invoice cost me nothing to send but covered my outlay. What have you lost by trying?

[blacjac]

I don't think it was. Your first post does not count toward your post count and this individual only has this one post in their records.

So, I would assume they made made another post somewhere in the past (which sets their post count to zero), and has since deleted it.

I think.

Maybe I'm just confused again.

1st posts used to count, that only changed when the new measures of newbies being moderated came in about a year ago, so if the OP did register in 2005, this could be thei first post.

[RichardCranium]

But congrats on your first post after 3 years of membership.

I don't think it was. Your first post does not count toward your post count and this individual only has this one post in their records.

So, I would assume they made made another post somewhere in the past (which sets their post count to zero), and has since deleted it.

I think.

Maybe I'm just confused again.

[BrilloPad]

I am sorry to hear all that. I believe an expert is one who learns from others mistakes. For me the main one is never take further steps until contract signed(such as resigning existing contract). Any others?

[thunderlizard]

So does point 3.

You might have "accepted the contract", but it doesn't look like your counterparty has.

But congrats on your first post after 3 years of membership.

[malvolio]

I think points 8 and 9 above rather kill any idea of compensation, noit that you would be due it anyway.

[McBainCo]

Recently I decided to get a new contract.

1. I went for various interviews and I accepted a contract in the west
2. There were some discussions with the agent in relation to the start date.
3. I have made it abundantly clear that I could not start when he wanted me
4. There was only one week between the 2 starting dates
5. I gave notice on my existing contract ( running up to dec 08)
6. Signed a leased on a flat in the new area
7. Booked my flights.
8. I still had not signed the new contract
9. The Friday preceeding the Monday I was meant to start ( never having agreed the date), the agent advised me as I was unable to start on that day the contract ( as yet unsigned) was cancelled.

Any one knows:
a) have I got any legal redress
b) a specialist lawyer whi understand these matters