Consequences of leaving a contract signed before start date ? Consequences of leaving a contract signed before start date ?
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  1. #1

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    Default Consequences of leaving a contract signed before start date ?

    Hi all

    I believe its difficult to answer the question without the specific contract details but please let me know your experience

    I've signed a new contract and haven't started work yet
    Notice period is 2 weeks

    I won't be able to take up work because of personal reasons

    The client has done some basic employee screening via third party company

    Will there be any legal issues or I would need to pay out?

    Please let me know

    Regards

  2. #2

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    Quote Originally Posted by Zsat01 View Post
    Hi all

    I believe its difficult to answer the question without the specific contract details but please let me know your experience

    I've signed a new contract and haven't started work yet
    Notice period is 2 weeks

    I won't be able to take up work because of personal reasons

    The client has done some basic employee screening via third party company

    Will there be any legal issues or I would need to pay out?

    Please let me know

    Regards
    They would have had to pay the screening costs if you passed or failed them so that's actually irrelevant here.

    Just send them your apologies with an explanation of your reason and that will be the end of it.
    merely at clientco for the entertainment

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    Give notice now. You could always plead force majeur. (Like a tickly cough, loss of sense of smell... ). If you're not due to start for 2 weeks, then there isn't an issue. If you're due to start in a week, then the absolutely most the agency could claim they've lost is that one week's income. Which probably won't be worth it. You could also offer a substitute, or get a lawyer to argue that the notice period doesn't kick in until the contract has started.
    Down with racism. Long live miscegenation!

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    Quote Originally Posted by eek View Post
    They would have had to pay the screening costs if you passed or failed them so that's actually irrelevant here.

    Just send them your apologies with an explanation of your reason and that will be the end of it.
    Thank you for the quick reply on a Sunday morning

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    Quote Originally Posted by NotAllThere View Post
    Give notice now. You could always plead force majeur. (Like a tickly cough, loss of sense of smell... ). If you're not due to start for 2 weeks, then there isn't an issue. If you're due to start in a week, then the absolutely most the agency could claim they've lost is that one week's income. Which probably won't be worth it. You could also offer a substitute, or get a lawyer to argue that the notice period doesn't kick in until the contract has started.
    Thank you for the quick reply

  6. #6

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    I've quit a contract on the day I've started (turned up, realised I'd made a mistake) and on the Friday before a Monday start (got a better offer).

    In both cases the agents were a bit narked but they didn't enforce any penalties. For the gig where I quit on Day 1 I offered to forfeit payment for that day, which was accepted.

    You're a couple of weeks away from starting so I don't see any issues. Lots can change on a daily basis at the moment and you'd be dropped like a hot potato with no recourse if the clients circumstances changed.

  7. #7

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    Quote Originally Posted by Zsat01 View Post
    Hi all

    I believe its difficult to answer the question without the specific contract details but please let me know your experience

    I've signed a new contract and haven't started work yet
    Notice period is 2 weeks

    I won't be able to take up work because of personal reasons

    The client has done some basic employee screening via third party company

    Will there be any legal issues or I would need to pay out?

    Please let me know

    Regards
    A polite email saying “due to personal reasons blah blah blah I am now unable to accept this contract”


    Don’t tell them it’s because you got a better offer (in 99% of cases people do this)


    Sent from my iPhone using Contractor UK Forum

  8. #8

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    Quote Originally Posted by ladymuck View Post
    Lots can change on a daily basis at the moment and you'd be dropped like a hot potato with no recourse if the clients circumstances changed.
    This times a million. Politely decline and move on with life.

  9. #9

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    I don't see a big problem here. A genuine explanation and apology will nark the agency but they have seen it a thousand times before. I quit a gig on the morning of the third day. I went in to work and explained to the client that the gig simply wasn't what I did and I couldn't deliver it in the way I would wish. They thanked me for my honesty, wished me all the best and even signed a timesheet for two days which was very generous of them. The straight and honest way is always the best.
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    Quote Originally Posted by ladymuck View Post
    I've quit a contract on the day I've started (turned up, realised I'd made a mistake) and on the Friday before a Monday start (got a better offer).

    In both cases the agents were a bit narked but they didn't enforce any penalties. For the gig where I quit on Day 1 I offered to forfeit payment for that day, which was accepted.

    You're a couple of weeks away from starting so I don't see any issues. Lots can change on a daily basis at the moment and you'd be dropped like a hot potato with no recourse if the clients circumstances changed.
    Yeah. Did that at the Skipton once. The role was nothing like the interview. On the way home phoned agent and said nope, not for me. To be fair they were ok and said I might not get paid but, as Id done no work, just reading and a few meetings, said I wouldnt be billing anyway.

    By the end of the week Id got another role paying better that lasted over 20 months in my favourite city.

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