"Wet Signed" Contract vs Verbal and Email amendments

[Haggisnneeps]

I signed a contract that was, technically, a paper convenience where the hours were 9-5

Once in the door the managers etc were very flexible since all the staff were on flexi and we were allowed to go "flexi".

Then we were told flexi was being taken away and to choose a fixed shift of our choice between the hours of 7am and 6pm totalling 37 hours per week. No problem. Chose the early shift. Confirmed verbally and in email. Everyone happy. No problems.

We have now been "asked" (aka told) by a new boss we HAVE to go back to original wet-signed hours

It's potentially going to get messy. We have refused and it looks like they will terminate our contracts but I believe the email and verbal agreements to form part of the contract and to be binding in which case we can refuse and they cannot terminate the contract (which has a few weeks left to run)

Fairly obvious we wont get renewed but its the principle of the thing. I would like to politely decline their offer and know they cannot just terminate as they would be liable to pay th erest of the contarct period

Any advice / knowledge /factual pointers appreciated. Maybe we can avoid the lawyers.

Thanks

[jamesbrown]

You sound awfully like a permie.

Putting that aside, what are you going to do if they don't terminate the contract but inform you that there is no work to be done for the remainder of the contract period?

[BlasterBates]

Your contract is with the agency not with the client.

The manager will terminate the contract with the agency, but your contract will still continue with the agency. However since you will have no signed timesheets they won't be obliged to pay you anything. As this is usually a condition.

In other words you'll continue with a worthless contract.

[TykeMerc]

What they both said.

If a client decides that they want to terminate there's bugger all you can do about it in reality they can just invoke the misconduct clause with some fabricated excuse if they decide to.
There's nothing to stop them even leaving the contract open and just telling you there's no work, denying you access to the building and not signing timesheets so you get paid nothing anyway.

The "principle of the thing" when you have a client that wants rid is just a faster route out of the door.

Lawyers will avail you very little unless you have very deep pockets and are happy to have a protracted and probably ineffective fight.

If you're not prepared to accept these realities then you may want to seriously consider if contracting is for you.

[FatLazyContractor]

Fairly obvious we wont get renewed but its the principle of the thing. I would like to politely decline their offer and know they cannot just terminate as they would be liable to pay th erest of the contarct period

Any advice / knowledge /factual pointers appreciated. Maybe we can avoid the lawyers.

Thanks

They can terminate whenever they want to and not pay you a penny. The rest of the contract period will surely be respected with no work and hence no pay! Get rid of this mentality since notice period essentially means nothing.

Any advice / knowledge /factual pointers appreciated. Maybe we can avoid the lawyers.

Lawyers? Against the client? Are you working direct with the client or are you working through an agency?

[SueEllen]

The intelligent thing to do would be to agree to the change in hours then show the new manager why everyone working exactly 9-5 doesn't work.

[northernladuk]

Is a change in working time really worth getting binned of a contract?

[Pondlife]

Is a change in working time really worth getting binned of a contract?

Is sticking to the contract you signed up to really worth getting binned off a contract surely?

[billybiro]

Is a change in working time really worth getting binned of a contract?

Exactly. When the client says "Jump", you simply ask "How high?". You're nothing but a doormat, to be used and abused at the clients' behest. Now get back to work and remember your place, you subservient little peon.

[Haggisnneeps]

Doormat / Cloakroom

Yes I get all that and a few weeks ago I wouldn't have minded. I'm not through an agency. I'm direct to a supplier who is direct to the client. Both supplier and client originally agreed the change to the early shift. New person seems to be sticking to their 9-5 but I think is pi**ed off that we have flexibiity and they don't so are flexing their muscle

My point about lawyers etc is this. I don't want to terminate so I wont. They can terminate if they want but have to pay 2 weeks notice if they do (if there is no fault on my part) so I either get paid garden leave of two weeks or work those two weeks. I don't mind.

Now that the can of worms is open its a bit awkward but I will probably walk away. I'm just wanting to know if I am due 2 weeks notice "contractually"

Theres no issue with workload. Loads of work and I'm right in the middle of it. Its their loss really.

As a contractor I'm paid to be "right" or "correct". I just want to be in possession of the facts when I argue with them

As an aside i have offered loads of different /flexible options to get round the issue (which is the missus starting college and doing shifts the same bloomin week they want me to do other shifts. We have booked up child care and she is in the shift rotas, all ready to go then this happens!)

It'll be a pain. What I wanted to know is - do I argue/mitigate/offer options/appease. Then let them tell me to go
OR do I just say no thanks and go.

Everyone/everything seems to suggest option 2 is a go-er. So be it.

Would have loved a contract lawyers opinion (yes a freebie !!!) Before actually engaging one. But yes I'm beginning to see I may not be getting shown the door yet, but I'm certainly being walked towards the cloakroom, which is next to the bar. My next move will decide whether I get offered another drink or handed my jacket..... and I'm not all that thirsty....