Contracted start date missed by 2 weeks and counting - where do I stand?

[Rob P]

I'm sure I'm not the first contractor to have suffered from this, but can't find anything online so far to help me know where I stand legally.

In a nutshell, I was given a contract to start work at a large retail bank on Monday 22nd September by an agency. On the Friday 19th late afternoon, I was called by the agency and told the bank weren't ready for me to start (no specific reason given) and I should wait for confirmation of when they did want me to start. That is over a fortnight ago now and still no sign of starting. When I phone the agency I am told that the bank is working hard to get it progressed and it should all be resolved imminently. I have told them I feel entitled to submit invoices and get them paid because I have a written contract with a specified start date and this is preventing me from earning money otherwise.

What is most aggrieving is that I simultaneously (in August) had an interview elsewhere through another agency at another bank and was offered that job, with a provisional start date of start of September, albeit on a lower day rate. I told the first agency and they assured me that the start date would come through quickly. Having declined the other job on the basis of that assurance, the contract then appeared for a shorter period, at a lower day rate, and with a start date of September 22nd. Although I was annoyed, I signed the contract anyway as I needed to get going with work.

I get the impression that the agency had no real grounds for the assurance they gave me that the start would be imminent, they just wanted to stop me going to another job via a different agency.

Now the 22nd September has been and gone a fortnight ago and I am still not working. I feel I have been treated appallingly by the agency.

Am I entitled either to submit my invoices and have them paid, or can I take legal action for losses incurred for breach of contract on their behalf? And should that be aimed at the agency or the bank?

My contract is with the agency. Are they obliged to pay me and if they wish, try to claim in turn from the bank?

[cojak]

Look for another contract. Accept the other contract.

Tell the agent you won't be starting the 1st contract as the date you agreed has not been met.

Start new contract.

As for claiming, if you haven't worked there's nothing to be claimed (look at your contract, I would imagine this has been covered).

[SueEllen]

Also when interviewing for that other contract ask the client at interview the proposed start date of the contract and how long the project is going to last for, that way if the other agency starts playing you around you have some idea of the truth.

[BlasterBates]

Just look for a new contract, effectively you have no contract.

They might ask you to come in and if so that would be fine.

No it isn't worth suing anyone, the agency is simply passing on what they're being told by the bank. Generally it is only worth persuing legal action to get invoices paid, where the position is clear cut, not when contracts are cancelled or there is simply no work, as there are significant costs involved and success is not guaranteed.

[stek]

I'm getting the words 'Tough tulip'...

[BolshieBastard]

I'm getting the words 'Tough tulip'...

This. Unless the OP is a first timer, everyone knows there's a possibilty this may happen? Unless you're desparate for work, I dont see a problem with a date being pushed back provided a new start date is known and agreed.

In this case, no new start date is agreed so it looks like the client has pulled the plug for whatever reason.

If I was the OP, Id contact the pimp and demand to know what's happening and what the new start date is. I'd also tell the pimp Im back on the market and looking at signing another contract asap. No doubt the pimp wont like that but tough, goes bother ways.

And to the OP, you aint getting paid for not working. Read your contract.

[TheFaQQer]

If you are an IPSE member, you should ring them and find out whether you could claim under the "Failure of the Agency to honour contractual arrangements" protection they offer.

It's only £1000 but better than nothing if you can get it.

[Rob P]

Bolshie, an interesting take.

"Unless you're desperate for work, I don't see a problem with a date being pushed back provided a new start date is known and agreed" !!!??

The most obvious problem is that I am several thousand pounds out of pocket, as I should have been working, and declined another job on the basis of the assurances that the pimp gave that we were just awaiting one final signature.!!

This was blatantly not the case - just an outright lie in order to dissuade me from going elsewhere. Or misrepresentation, to give it its legal name. It is a case of a pimp giving false information to achieve a certain end that satisfied his own purposes, namely increase his chances of him doing his numbers for the month. It is strongly linked with mis-selling, and is kind of frowned on in the financial services industry at the moment.

I have called the pimp last week, but was told by his senior manager that he was away on holiday for a few days, and that the senior manager himself was now in charge of the case and would liaise with the client and gave me his personal assurance that he would get an answer on the start date, and phone me with an update the following day (Thursday) Guess what. I heard nothing at all.

This week I have phoned their HR department and was promised on Tuesday that it would be escalated by HR and the VP would call to apologise. Guess what...

[malvolio]

Bolshie, an interesting take.

"Unless you're desperate for work, I don't see a problem with a date being pushed back provided a new start date is known and agreed" !!!??

The most obvious problem is that I am several thousand pounds out of pocket, as I should have been working, and declined another job on the basis of the assurances that the pimp gave that we were just awaiting one final signature.!!

This was blatantly not the case - just an outright lie in order to dissuade me from going elsewhere. Or misrepresentation, to give it its legal name. It is a case of a pimp giving false information to achieve a certain end that satisfied his own purposes, namely increase his chances of him doing his numbers for the month. It is strongly linked with mis-selling, and is kind of frowned on in the financial services industry at the moment.

I have called the pimp last week, but was told by his senior manager that he was away on holiday for a few days, and that the senior manager himself was now in charge of the case and would liaise with the client and gave me his personal assurance that he would get an answer on the start date, and phone me with an update the following day (Thursday) Guess what. I heard nothing at all.

This week I have phoned their HR department and was promised on Tuesday that it would be escalated by HR and the VP would call to apologise. Guess what...

You're not out of pocket because of the bank, you are out of pocket because you didn't have an alternative. That's the downside of being an independent business. Nobody gets paid for something that hasn't happened: after all, who's to say the contract you turned down for this one wouldn't have done the same thing

It's hard but it happens. Move on.

[BolshieBastard]

Bolshie, an interesting take.

"Unless you're desperate for work, I don't see a problem with a date being pushed back provided a new start date is known and agreed" !!!??

The most obvious problem is that I am several thousand pounds out of pocket, as I should have been working, and declined another job on the basis of the assurances that the pimp gave that we were just awaiting one final signature.!!

This was blatantly not the case - just an outright lie in order to dissuade me from going elsewhere. Or misrepresentation, to give it its legal name. It is a case of a pimp giving false information to achieve a certain end that satisfied his own purposes, namely increase his chances of him doing his numbers for the month. It is strongly linked with mis-selling, and is kind of frowned on in the financial services industry at the moment.

I have called the pimp last week, but was told by his senior manager that he was away on holiday for a few days, and that the senior manager himself was now in charge of the case and would liaise with the client and gave me his personal assurance that he would get an answer on the start date, and phone me with an update the following day (Thursday) Guess what. I heard nothing at all.

This week I have phoned their HR department and was promised on Tuesday that it would be escalated by HR and the VP would call to apologise. Guess what...

You're not out of pocket because you havent done any work. You're not a permie who gets paid for doing nothing although clearly your mindset is. So you turned down another role, what's that got to do with it? That other role could have got canned the day you started.

If you want to sit around waiting for the start date to materialise, go ahead. You'll more likely than not find yourself waiting.

As almost everyone has said, move on and start looking for another role. tulip happens in this contracting game.