Reply to: Would you jump ship for better offer?

[NorthWestPerm2Contr]

It's a perfect oportunity to find out what you're worth :

1. Decide how much it would be worth to you to take the original gig despite your preference for the 2nd one.
2. Then add a bit on and tell the first agent you've been offered that amount by the 2nd.
3. S/he'll say no, but in the process you will find out the maximum you can earn in the current market.

Use this info wisely, Grasshopper

Boo

Often it is a chance to squeeze some margin out of the agency rather than anything else. Current agency has rinsed every contractor for a big amount of margin, I found out what the rate was through colleagues and managed to squeeze them to just over 10%. Don't underestimate how much money agencies tend to make out of us, contractor next to me has agency on almost 25% margin.

[Boo]

Interested to see what people would do in this situation - I've verbally accepted a gig subject to contract, then been unexpectedly offered another (more interesting) role later that day for significantly (£100+ per day) higher rate. Has anyone been in this situation/what would you do in my position? And if you did decide to jump ship on the original contract how would you play it with the agency/client?

It's a perfect oportunity to find out what you're worth :

1. Decide how much it would be worth to you to take the original gig despite your preference for the 2nd one.
2. Then add a bit on and tell the first agent you've been offered that amount by the 2nd.
3. S/he'll say no, but in the process you will find out the maximum you can earn in the current market.

Use this info wisely, Grasshopper

Boo

[Contreras]

This old 'Agree subject to contract' is interesting. How many agents listen to those last 3 words?

... It commits you to nothing because you could argue that yes you like the role but when you see the contract you dont like it for whatever reason and decide not to continue.

If you don't have the contract yet, 'STC' lets the agent know you're staying on the market until they produce something tangible.

It's also a warning shot that you won't necessarily be held to the agreed rate if terms need to be negotiated.

[speling bee]

This old 'Agree subject to contract' is interesting. How many agents listen to those last 3 words?

In my experience, once they got the gig for you, then as far as they're concerned its all done and dusted. Any talk about sorting contracts is just an inconvenience for them. I've had some real bad experiences where the agent just was not interested in the slightest in sorting out the contract and I had to kick off big time and plain refuse to start on site.

Surely legally saying, yes subject to contract is pretty pointless legally? It commits you to nothing because you could argue that yes you like the role but when you see the contract you dont like it for whatever reason and decide not to continue.

It probably is pointless legally, but you are implying an intent to act with goodwill, perhaps. It's like making an offer on / accepting an offer on a house subject to contract.

[psychocandy]

This old 'Agree subject to contract' is interesting. How many agents listen to those last 3 words?

In my experience, once they got the gig for you, then as far as they're concerned its all done and dusted. Any talk about sorting contracts is just an inconvenience for them. I've had some real bad experiences where the agent just was not interested in the slightest in sorting out the contract and I had to kick off big time and plain refuse to start on site.

Surely legally saying, yes subject to contract is pretty pointless legally? It commits you to nothing because you could argue that yes you like the role but when you see the contract you dont like it for whatever reason and decide not to continue.

[speling bee]

I wouldn't worry. It's remarkable how many read the entire thread and didn't comprehend the fact that the op hadn't started either contract and hadn't given either agency signed paperwork...

To be fair, I hadn't bothered reading the entire thread.

[psychocandy]

Did they breach the contract in any way?

No it was one days notice for the 1st week so I couldnt really complain. the agency made damn sure though that a letter was on my mat the next day (sent special delivery etc).

But, point is if I'd done the same they would have been well unimpressed.

[NorthWestPerm2Contr]

To the OP:

I had almost exactly this situation 2 months ago. Verbally accepted subject to contract. Agent provided contract but then I got a ridiculous offer from current clientco. So called agent and tried to explain and they kicked the dummy out of the pram. Never seen an agent so pee'd off (there is a thread in General about what happened). In the end it was a simple business decision and no contract was broken. Agent was mega pee'd off and may never contact me again but who cares? Most of the time there are other competing agencies advertising the same roles so I can just go to them in that scenario.

[eek]

I wouldn't worry. It's remarkable how many read the entire thread and didn't comprehend the fact that the op hadn't started either contract and hadn't given either agency signed paperwork...

[NorthWestPerm2Contr]

Well if you were NWP2C you wouldn't even ask the question

It's never going to sit well with the agency as you're just a money tree to them, like PC said it's very dependent on a number of factors is the other gig closer to home? Will the work be better? Is a definite offer?

Think carefully as you don't want to get burned and end up with nothing and even worse still you don't want to get a bad rep

[NorthWestPerm2Contr]

Interested to see what people would do in this situation - I've verbally accepted a gig subject to contract, then been unexpectedly offered another (more interesting) role later that day for significantly (£100+ per day) higher rate. Has anyone been in this situation/what would you do in my position? And if you did decide to jump ship on the original contract how would you play it with the agency/client?

Cheers

You have only verbally accepted the first contract right? So what's the problem then?

[JRCT]

I think it really depends on the agent, as to whether you'll damage your reputation.

Some will brush it off, some will understand, some will think you're a complete *&^%$£. I doubt any would sue.

But, as is said many times on here, you're just a commodity to an agent, so the next time they can make 15% from your efforts, they'll suddenly be your best mate again. They have to be. That's their job.

Just handle it professionally and honestly. That's what I would do (or tell them your gran's ill and you have to move to Devon to look after her for six months).

[speling bee]

And that is done exactly how?

It has to be proven on the balance of probabilities.

One party gives evidence truthfully, and the other decides whether to do likewise or whether to perjure himself in court.

[billybiro]

Prove that there was a verbal acceptance of the contract and sue for breach.

And that is done exactly how?

[SueEllen]

Interesting to hear the various viewpoints on this, I appreciate all the inputs!

I'm not particularly concerned about the possibility of being sued to be honest - the verbal acceptance was subject to contract, plus I could simply give notice now if they did try to insist that a contract existed between us. I'm more worried about the potential reputation damage and whether it's worth it in this case.

The agent will be angry at you and may shout down the phone at you, but if they can make money out of you in the future they won't hesitate to.