Offer retracted after offer and contract issued

[xantamisch]

Had an offer on Friday, in writing. I received paper copies on Tuesday and signed and returned these in the post on Wednesday

On the basis of this I rejected another offer and resigned from my current contract

Client withdrew offer last night

anyway know the legal position here? I kind of assume it's a case of hard luck fella. Does the termination clause apply etc etc??

[tractor]

...

Had an offer on Friday, in writing. I received paper copies on Tuesday and signed and returned these in the post on Wednesday

On the basis of this I rejected another offer and resigned from my current contract

Client withdrew offer last night

anyway know the legal position here? I kind of assume it's a case of hard luck fella. Does the termination clause apply etc etc??

I suggest that you are probably right. It's not nice but it's a risk and cost of doing business. I hope you didn't shell out too much in preparation and that you find something sooner rather than later.

Out of interest, what reason did they give?

[TheFaQQer]

anyway know the legal position here? I kind of assume it's a case of hard luck fella. Does the termination clause apply etc etc??

What does the contract say about the client terminating? If they have breached the contract, then you could try to force them legally to abide by the contract.

The downside of that is that the contract (in all likelihood) contains a clause which means that you are only going to get paid for the work that you do, which is nothing. So, if you chase it, then you would find yourself tied in to the contract, getting paid nothing because there was no work to do, and having to be available if they change their mind - the worst of all worlds.

Some posters in the past have claimed to have successfully sued to get massive amounts of damages from the client / agency when this happens. They are few and far between, don't always seem to be genuine, and there has never been a case reference provided to show that they won.

Chalk it up to experience and find something better.

[SueEllen]

anyway know the legal position here? I kind of assume it's a case of hard luck fella. Does the termination clause apply etc etc??

Read your contract and see what clauses it contains.

A lot now contain a clause that states the agency is not liable for your costs if the client withdraws a contract at the last minute.

There as others don't. If it doesn't then you can chase the agency for notice. There are two posters here I remember who have been able to claim money from agencies where this has happened. One was encouraged to by the agency as it came from the client, and the other just demanded it.

[TheFaQQer]

If you're an IPSE+ member, then you can probably claim on their business interruption insurance.

[tractor]

...

Read your contract and see what clauses it contains.

A lot now contain a clause that states the agency is not liable for your costs if the client withdraws a contract at the last minute.

There as others don't. If it doesn't then you can chase the agency for notice. There are two posters here I remember who have been able to claim money from agencies where this has happened. One was encouraged to by the agency as it came from the client, and the other just demanded it.

Certainly worth a try and IME there are many agents who actually do take their contracts and reputation seriously enough to stand by their contracts. I have had personal experience of this twice in 25 years and neither time did I have to chase; both agents had a process in place and stuck to it. They were not about notice prior to the contract commencement though so there is some difference.

Equally, there are many agents who do not care enought to be bothered though.

[northernladuk]

Where the papers you recieved singed by them or was it just you're signature? Surly if they hadnt signed yet then not contract had been entered into?

[TheFaQQer]

Where the papers you recieved singed by them or was it just you're signature? Surly if they hadnt signed yet then not contract had been entered into?

The postal rule would dictate that the contract was formed when the OP put the signed copy in the post.

[xantamisch]

The postal rule would dictate that the contract was formed when the OP put the signed copy in the post.

contract I received was blank for me to sign and return for countersignature by agency, although start date etc had been confirmed by email

suspect I don't have a leg to stand on

begs the question - should you wait for contracts to be physically signed before resigning etc.? trouble is there's not normally time to do this - in this case I had to start within 10 days, so I'd have been giving 1 or 2 days notice...

[I just need to test it]

Somewhere in the dim and distant past I remember being told that a contract could be pulled without penalty as long as it was done prior to its start date. Was that twaddle?