Reply to: Renewal/extension of contract but no actual paperwork?

[powellk31]

Hi,

I'm in the process of getting my contract renewed for 12 months. Anyway, my agency cannot get onto the system to authorise contract extension. this has been the case for the last 3 weeks. I'm now at the stage were i would like to cut them out, as this is endangering my contract extension.

Just checking the site, it looks like I have grounds to firstly write a letter of complaint, and then possibly to go direct.

The last time spoke with somebody from my agency, they told me they didn't recieve notification of the contract extension, so could not authorise my extension. Now they are saying they cannot get on the system to authorise my extension.

It's looking like I cannot go to work on Monday.

Any advice would be grateful.

Regards

[Mr.Whippy]

Oddly enough they dropped the rate the day the contract was due for renewal, not giving me much thinking time either....

Its usually done with a "accept this in the next day or so or clear off"....... because they dont want you "thinking" about it while you try and find something else or have to accept the new rate as a last resort if you cant get a contract elsewhere.

[moony1234]

Tell us why you agreed a rate cut.

I didn't really have a choice, I was told, in not so many words, that if I didn't agree my contract wouldn't be renewed. Oddly enough they dropped the rate the day the contract was due for renewal, not giving me much thinking time either....

[moony1234]

How long have you been turning up under the new extension/rate?

If your contract was up last week just tell them you're not happy with the new rate and won't continue under it.

If it was a couple of weeks ago, why did you accept (kept on working) if you want to jump ship or were not happy with the terms.

Either way it's largely irrelevant. The lack of obligation on your side to accept work means legally there's not much they can or would do. It's just your professional reputation and relationship with this client that is at stake now.

You either agreed to do some work and have changed your mind or you are not happy with the proposed new conditions and are refusing to work to them. The former will damage your reputation with the current client, the latter is fine IMHO.

Which one is it?

The new rate came into play around mid-june, so over a month...

Basically the commute is too much for me and my health, especially now the rate has dropped, and also the job is nothing like the original advert, i.e I basically get to work and look at the clock for 8 hours, then go home...

I guess its a combination of not happy with the new rate and no longer wish to work for this particular clientco...


It doesn't help that I have pretty much been offered a 12 month contract 3 miles away from home....

[Turion]

Tell us why you agreed a rate cut.

[Pondlife]

How long have you been turning up under the new extension/rate?

If your contract was up last week just tell them you're not happy with the new rate and won't continue under it.

If it was a couple of weeks ago, why did you accept (kept on working) if you want to jump ship or were not happy with the terms.

Either way it's largely irrelevant. The lack of obligation on your side to accept work means legally there's not much they can or would do. It's just your professional reputation and relationship with this client that is at stake now.

You either agreed to do some work and have changed your mind or you are not happy with the proposed new conditions and are refusing to work to them. The former will damage your reputation with the current client, the latter is fine IMHO.

Which one is it?

[moony1234]

I know this is probably getting old now [and I will be seeking legal advice tomorrow] but does this clause help me out at all;

"There is no mutuality of obligation in this contract on the part of the Employment business to offer the contractor projects and where it is offered the contractor is under no obligation to accept the projects."


Thanks again...

[moony1234]

Ok... thanks.


So is the only way out of the contract to invoke the substitution clause [and find someone as a sub.] or to get the client to somehow give me notice?

[RichardCranium]

a letter confirming renewal and the new rate was sent to me but nothing was signed etc.

If you turn up and continue working you agree to the latest T & Cs

WHS

That could be the case...

It is the case. They wrote to you with new T&Cs, you admit you have received them, you turned up.

You are now on the lower rate; there is no need to sign anything.

Sorry.

[tino]

If you're still going to site and working/billing, doesnt that imply your acceptance regardless of an actual signature?

The usual IANAL disclaimer applies....

Indeed it does

[moony1234]

If you're still going to site and working presumably billing, doesnt that imply your acceptance regardless of an actual signature?

The usual IANAL disclaimer applies....

That could be the case... I really don't know, never had a no notice contract before.

[Mr.Whippy]

Surely in theory I may have never agreed to the extension or the rate decrease?

If you're still going to site and working/billing, doesnt that imply your acceptance regardless of an actual signature?

The usual IANAL disclaimer applies....

[Pondlife]

Surely in theory I may have never agreed to the extension or the rate decrease?

If you turn up and continue working you agree to the latest T & Cs

[moony1234]

Sorry I should mention a letter confirming renewal and the new rate was sent to me but nothing was signed etc.


Surely in theory I may have never agreed to the extension or the rate decrease?

[moony1234]

I'd love to know my legal position with this one...


As they have cut my rate and extended my contract, but not sent any new paperwork [therefore my original paperwork still has my oirignal rate] can I get out of this contract??