Reply to: Is this a Breach of Contract?

[psychocandy]

Just to let you all know that I have had a response from the agency who have blatantly lied to me, they have just said that they advised me that there is no confirmed start date until I attend the induction and training, this was never advised to me, anyway, my Umbrella company are in contact with the agency (Scope AT), who I will never use again, not only an unprofessional agency, but will blatantly lie out of their backsides.

About normal then.....

[psychocandy]

That is exactly what I said, does this mean that on 23rd and 24th December, I will be asked to spend those days in Edinburgh and then have to travel back from Scotland during Christmas Eve night, meaning that I could possibly miss seeing my young children not open their presents on Christmas morning, when would I be working in the location that I actually have on my contract?

So this is hypothetical?

In theory I guess any client could do this or at least try it on. Just say no I can't make it.

I've done this in the past. Wife was in hospital so it was difficult for me to go anywhere (luckily, contract was local). Client was pretty good but then they asked me to go somewhere for a few days.

I just said sorry but I can't do at the moment. They moaned a little bit but gave up and last I heard about it.

[bcks109]

Just to let you all know that I have had a response from the agency who have blatantly lied to me, they have just said that they advised me that there is no confirmed start date until I attend the induction and training, this was never advised to me, anyway, my Umbrella company are in contact with the agency (Scope AT), who I will never use again, not only an unprofessional agency, but will blatantly lie out of their backsides.

[Scruff]

You'll be wasting your time & money pursuing a "breach of contract". So far, you haven't performed any billable work, so there is no loss?

Accept it and move on, is my suggestion? I know that roles in Swindon are not that easy to find, but you will land up spending all of your energies chasing the negative, when you could be out there chasing the positive.

[DirtyDog]

My contract does not state anything about travelling between sites, as I work through an Umbrella company, they are looking at taking the Client to court as they have lost out on money for this contract aswell.

So speak to your employer about what to do now. They may be "looking at taking the client to court", but that isn't going to happen for two reasons:

1) they have no contractual relationship with the client

2) they haven't lost anything that is worth paying court costs to recover

If you believe that they are going to sue the client, you aren't going to get too far contracting.

[bcks109]

Surely they should be taking the agent to court? The umbrella has no relationship with the client I would have thought. Good luck to them on that. I can't see for one minute this will stand up.

This is why I asked for the advice on if it is a breach of contract due to the location changes at short notice and blatant professionalism from both the client and Agency, a) do I have a case b) is it my Umbrella company or me who takes it further?

[bcks109]

Does seem like client is taking the piss a bit. Especially, such short notice and then to change the location at short notice too....

But like others have said, I would have asked who was paying for this? Especially, I guess since two days in Leeds would have meant an overnight stay.

Quite possibly the client would have assumed that the rich contractor would be paying themselves (based on the fact they dont seem that organised).

If thats the case, all depends on how good the contract is. If it was me, I would have been a bit pissed off (and moaned on here!) to have to shell out but if it was a good contract would have sucked it up.

BUT, and its a big BUT, worry would be that this would be the way client does things. Is it going to happen again? i.e. 5pm Thursday, can you got to Newcastle tomorrow for the day and we're not paying.

Yeh, its a risk to kick off and you lost out this time but its sad these days that some client feel they can treat contractors like tulipe because they know if one person moans they can get rid and get some other mug in who'll roll over. Sad really.

That is exactly what I said, does this mean that on 23rd and 24th December, I will be asked to spend those days in Edinburgh and then have to travel back from Scotland during Christmas Eve night, meaning that I could possibly miss seeing my young children not open their presents on Christmas morning, when would I be working in the location that I actually have on my contract?

[northernladuk]

My contract does not state anything about travelling between sites, as I work through an Umbrella company, they are looking at taking the Client to court as they have lost out on money for this contract aswell.

Surely they should be taking the agent to court? The umbrella has no relationship with the client I would have thought. Good luck to them on that. I can't see for one minute this will stand up.

[bcks109]

Does your contract say anything about travel between sites and did they offer to pay for the travel?

If it doesn't and they didn't, then at a push, it might be. But if you really can't afford to get to Leeds then you probably won't have the money to fight the court battle.

Time to move on unfortunately.

My contract does not state anything about travelling between sites, as I work through an Umbrella company, they are looking at taking the Client to court as they have lost out on money for this contract aswell.

[bcks109]

Advised by whom? Did you explain what had happened? What was their response?
I was advised by my Umbrella Company, this was my first contract for 3 years as I had a permanant job.

Possbily, possibly not. What does the contract say about being paid if you don't do any work? What does the contract say about location? What does the contract say about travelling to different sites? What does the contract say about communicating location to you? Are there any other clauses relating to termination?

My contract states the location is Swindon, nothing about travelling to other locations, there is a clause relating to termination of 5 days notice.

There are too many unknowns for anyone here to provide any definitive, but I'd suggest that termination because of your inability to complete the contract would not be a breach.


So, if you can't afford to travel to Leeds for a day, then how do you plan to fund a legal fight? How do you plan to survive if the contract had been terminated correctly on day one? (That does not imply that the contract has been terminated incorrectly this way). How do you plan to survive when you are out of contract?


Look on the bright side - you won't be working in Swindon

I live in Swindon, the contract was perfect

[DirtyDog]

I have now been advised although not from the Agency that I will not be starting the contract because I refused to go to either location.

Advised by whom? Did you explain what had happened? What was their response?

My Contract schedule clearly states Swindon and does not have anything about other locations, is this a breach of contract?

Possbily, possibly not. What does the contract say about being paid if you don't do any work? What does the contract say about location? What does the contract say about travelling to different sites? What does the contract say about communicating location to you? Are there any other clauses relating to termination?

There are too many unknowns for anyone here to provide any definitive, but I'd suggest that termination because of your inability to complete the contract would not be a breach.

I advised that I did not have the funds to pay for either

So, if you can't afford to travel to Leeds for a day, then how do you plan to fund a legal fight? How do you plan to survive if the contract had been terminated correctly on day one? (That does not imply that the contract has been terminated incorrectly this way). How do you plan to survive when you are out of contract?

I was due to start a new 3 month contract in Swindon

Look on the bright side - you won't be working in Swindon

[BlasterBates]

Possibly, but not worth it.

We're talking here about a couple of nights in a hotel and a drive up to Leeds that wouldn't cost very much.

I don't think you would get very far in a legal process.

I would look for a new contract.

[psychocandy]

Does seem like client is taking the piss a bit. Especially, such short notice and then to change the location at short notice too....

But like others have said, I would have asked who was paying for this? Especially, I guess since two days in Leeds would have meant an overnight stay.

Quite possibly the client would have assumed that the rich contractor would be paying themselves (based on the fact they dont seem that organised).

If thats the case, all depends on how good the contract is. If it was me, I would have been a bit pissed off (and moaned on here!) to have to shell out but if it was a good contract would have sucked it up.

BUT, and its a big BUT, worry would be that this would be the way client does things. Is it going to happen again? i.e. 5pm Thursday, can you got to Newcastle tomorrow for the day and we're not paying.

Yeh, its a risk to kick off and you lost out this time but its sad these days that some client feel they can treat contractors like tulipe because they know if one person moans they can get rid and get some other mug in who'll roll over. Sad really.

[Scruff]

I think that the OP has done a runner and never to be heard from again...?

[expat]

Agreed, I was really on about 'how to do your job' training, although I imagine the OP wasn't referring to this.

I've had to do 'handling data securely' training, etc which are normally mandatory to carry out the contract.

I was once told that they wouldn't activate my desk phone until I had done a half-day course on telephone usage.