Originally posted by northernladuk
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However, in this case the contractor did have a contract and as someone wrote some time ago "By turning up you have affectively accepted the terms of the previous contract and are still bound to them".
The other side of the coin is that the agency is also bound by the previous contract.
If either party want to vary the original contract then that is absolutely open to negotiation under the terms of the original contract. If they can't agree terms then the contract would have to be terminated with the contractual notice period. Same as for any mid contract renegotiation.
Certainly, I don't see that the agency or contractor could produce a new contract and retrospectively apply it to the engagement without the consent of the other party. If there was a legal right to do this then in extremis, the agency could tell the contractor that their rate was reduced to £1/day or the contractor could tell the agency their rate had increased to £1,000,000/day.
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