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Breaking my contract?

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    Breaking my contract?

    I am coming to the end of the first 3 months in my currency contract. This is due to end on 31st jan.

    I accepted an extension by email, but signed no paperwork that was sent. This extension is due to end March 31st.

    I have since been offered a preferable contract (longer). I would like to accept this, but on emailing my agency, I was informed that I had accepted the extension (starts feb 1st) and that my contract states:
    'The Supplier understands and agrees that any Assignment
    may not be terminated by the Supplier for any reason'

    I wondered where I stand legally. Can the agency make me continue with the extension of the contract despite having no signed paperwork for the extension and despite me not having started this extension yet?

    Any help would be greatfully received.

    #2
    Hi
    I suspect that that is an unenforceable clause - your contracts are for defined periods and a formal acceptance and signature is needed. The email was a sign of intent where as a signed contract is binding. Do you have access to any business legal helplines via professional indemnity insurance - if so check with that...
    Cheers
    Kobie

    Comment


      #3
      Nope, sorry but wrong. Email is as good as a signature.
      Blog? What blog...?

      Comment


        #4
        Use your right of substitution clause to get out of the contract.

        If the client refuses to accept a suitably qualified and experienced candidate then you may have grounds to get the contract terminated.
        "You’re just a bad memory who doesn’t know when to go away" JR

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          #5
          You've agreed in writing to accept the extension - even verbal acceptance would have been binding
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            #6
            Originally posted by LisaContractorUmbrella View Post
            You've agreed in writing to accept the extension - even verbal acceptance would have been binding
            If they had a recording of it I assume.
            Blood in your poo

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              #7
              Never, ever sa you accept a contract whether in an email or verbally unless you are certain this is what you want to do.

              If you dont want to commit say something like 'things look ok but I need to see and sign the contract before accepting.'

              Frankly, the oP is the type that gets us all a bad name. They want the protection of a signed contract when it suits but want easy get out of jail cards when it doesnt. Well, sorry but you made you bed, now lye in it.

              You'll either have to take the contract or find some compromise solution to you and the agent \ client which allows for early termination.
              I couldn't give two fornicators! Yes, really!

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                #8
                Just go and see the client direct and explain you want out. If they agree then the Agency will too (usually).
                Blood in your poo

                Comment


                  #9
                  All depends on whether the email said 'yeah, I accept' or 'accepted subject to final terms and conditions being agreed'.

                  Substitution sounds like a plan. If you have the right in your contract (which you should) and the client turn down your substitute, they are in breach, provided their reasons for turning down are not in your contract or your right is totally unfettered.

                  IMHO, YMMV, etc...
                  Older and ...well, just older!!

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                    #10
                    Originally posted by Sausage Surprise View Post
                    If they had a recording of it I assume.
                    Or a witness to the verbal agreement
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                    ContractorUK Best Forum Advisor 2015

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