Contract renewal offered, accepted, then retracted!

[paraclete]

Hi,

I wonder if someone could offer some advice on what appears to be a very unusual position. I have searched and searched, but can't find that this has been raised before. I will summarise the details as briefly as I can:

• 6 month contract started at beginning of May
• 6 month renewal offered verbally, and accepted, at end of July
• Department restructured, and new line manager brought in at start of September
• Questioned new manager about contract documentation, he advised that he only wanted a 2 month extension, as he wanted to staff the team with permanent resource
• I declined the offer of two months
• Extension upped to three months, taking me through to end of January 2011
• I said that I would consider the extension
• Renewal documentation issued on 12th October
• I advised agent on 13th October that I would consider, but there was a possibility that I might not renew
• After discussing with family over the weekend, I agreed the extension on 17th October. Although I signed the extension, I did not return to agent.
• On 20th October I called my line manager for my 1-2-1 (he is based in the States). He told me that he would not be extending my contract, as we "didn't see eye to eye". I assumed that this was after the 3 month extension issued and agreed, and thus it came as no surprise, hence I did not question it.
• When logging on to my email that evening, I noted that he had circulated an email to the effect that I was leaving the company at the end of October. As I had already booked the last week of Oct for holiday, this meant that I had two days remaining with the company.
• I tried to contact my agent to discuss, but this proved almost impossible. He finally called me back at just before 1700 on my final day with the company.
• I have told my agent that I expect to be recompensed for what I see as a breach of contract (had there not been an extension offered, I would have been actively looking for other roles), and have asked him to progress it with the client.
• I have just returned from my week holiday to find that no progress whatsoever has been made (my agent advises that the client has not responded to his email!)

I would appreciate any advice as to what my rights are. Is there a contract? If so, am I due compensation for breach of contract? How can I make my agent fight harder to assert any rights there might be, or should I take this up myself? (Right now I would rather concentrate my efforts on seeking a new role, and believe that the agent should be making more effort to assist in remedying the breach).

Any advice would be gratefully received.

Thanks in advance.

[Ravello]

As a word of warning by posting in "General" you are likely to get a smattering of helpful responses along with a torrent of banter, opinion and nonsense. On the plus side, as this is your first post it will almost certainly turn into a party....

Anyway, the long and the short of it is you haven't got much of a leg to stand on, save your time and start looking for your next contract.

Ultimately the client can cut short your contract at any point (possibly subject to a notice period if you have one) but since it was a renewal that was then retracted there's an easy answer that the work is no longer required. Thus you're no longer required..

I'm surprised that at this time of year you turned down a 2 month extension though let alone once this was upped to 3 months - Nov/Dec/Jan is not traditionally a great time to be seeking a contract!

[thunderlizard]

Is there a contract?

Doesn't look like it. It just looks like at one point there was a verbal intention to form a contract, but that intention no longer exists. If you had a contract you'd know about it. Imagine if you ran a pub, and you had a regular customer who bought a pint of Guinness every night, and on Monday night he'd said to you "See you tomorrow for another pint of that lovely Guinness!", but on Tuesday night he didn't turn up. That's roughly the contractual situation you're in.

If so, am I due compensation for breach of contract?

Hard to tell since we can't see the terms of your contract (if it exists), but probably not. Compensation is for people who've suffered a loss, and I don't think you have. (not making as much money as you'd hoped to make does not count as making a loss).

[MarillionFan]

No signed contract. No comeback. Simple.

In the US, an employee (perm as well) can be terminated pretty much on the spot. In the UK we have very stringent employment laws. But they don't apply to contractors.

You are a business, and as such need to act as a business as opposed to the 'will he / won't he' renew.

Lesson learnt. Good luck on your next one.

Now has anyone seen the twiglets?

[BlasterBates]

After discussing with family over the weekend, I agreed the extension on 17th October. Although I signed the extension, I did not return to agent.

I don't think you have a leg to stand on, because you didn't return the signed contract.

If you really needed the extension then you should just have agreed also verbally, signed the contract and sent it back.

I wouldn't chase it up because the signed contract never really got formally exchanged from what I understand and you didn't get around to even formally verbally agreeing, and then in a telephone exchange you effectively aquiesced anyway to him cancelling the offer of the 3 month extension, which was what he said, even though you misunderstood.

I would just move on, but if there's no immediate contract and it's important, don't listen to any of us, consult a lawyer.

[Zippy]

Sorry, I think you have to chalk this one up to experience.

Has anyone seen the corkscrew?

[MarillionFan]

Sorry, I think you have to chalk this one up to experience.

Has anyone seen the corkscrew?

I saw a short 5 foot man, with a limp and a gammy hand take it and head towards the petrol station with a can???

[Zippy]

I saw a short 5 foot man, with a limp and a gammy hand take it and head towards the petrol station with a can???

Bugger!

Ok has anyone seen a hammer and chisel?

[DS23]

was this your first contract?
2 months or 2 decades - a contract schedule is only ever as long as its notice period.
you should have accepted the extension. never mind, chalk it up and move on or face a bucket load of stress and a pocket full of nothing.

ok, who spilt the creme de menthe?


<edit> blimey. 26k!

[Doggy Styles]

Unfortunately you prevaricated, and from the new manager's point of view, you might have appeared bolshy.

Am I right in saying that there was no verbal agreement, just a verbal offer that was withdrawn before you agreed to it?