Can I get out???

[PapaDel]

Got a contract, signed it but yet to start, will start in the 10th June 2011. Got another from another company and another agency and will start on the 3rd June 2011. Want to get out of the signed one and my notice period is 7 days. Can I use that to get out? Frankly, don't want the one I signed but Agent talked me out of going to another. Contract is fine but thought I will be working for a blue chip company?? Turns out I will be based on the blue chip site but will be working through their parent company. Complicated?? you bet! Anyway is it possible to get out?? I am thinking I can use my 7 days and then get out. I am going to get out, credibility or not. Already, I feel the agent lied to me, but then I had not choice. It was that or sitting on the bench with no quids. Any advice welcome...

[northernladuk]

Looks pretty straightforward. You haven't even started and reading the forums it isn't uncommon for people to backout of a contract before it is even signed. It's bad form and will piss the agent off but thats life. As the contract hasn't even started and has awhile before it starts I should think just a mail to the agent should suffice, there is also plenty of time so if you have to use the 7 days notice as stipulated then do so. The agent will throw a wobbler as he has done work but just stick to your guns and suffer it through. He will probably threaten you with black listing and never working in that sector again yadda yadda but just ignore him. Stay polite and professional and just ride it through. At the end of the day he will have a 2nd choice and he has more than enough time to find someone else.

Remember there has been plenty of evidence of contracts evaporating before you start work and agents don't bat an eyelid when they mail us saying its gone.

It could be a bit ugly at first but no real issue here I think.

Just don't make a habit of this. It is a small world in IT contracting and eventually it WILL bite you in the ass.

[The Agents View]

Got a contract, signed it but yet to start, will start in the 10th June 2011. Got another from another company and another agency and will start on the 3rd June 2011.

The contract is errr...the contract. You've signed it, therefore effectively you are bound by its terms. Why on earth would you sign a contract you had no intention of adhering to??

Want to get out of the signed one and my notice period is 7 days. Can I use that to get out? Frankly, don't want the one I signed but Agent talked me out of going to another.

Clearly they didn't talk you out of anything other than being upfront about it.

Contract is fine but thought I will be working for a blue chip company?? Turns out I will be based on the blue chip site but will be working through their parent company. Complicated?? you bet!

The Parent company of a blue chip company....is errrr...surely a blue chip group??

Anyway is it possible to get out?? I am thinking I can use my 7 days and then get out. I am going to get out, credibility or not.

You need to issue written notice of the termination of your contract NOW!

Already, I feel the agent lied to me, but then I had not choice. It was that or sitting on the bench with no quids. Any advice welcome...

a) The agent hasn't lied to you - the way you've written this, the only person who's lied, is you!
b) There is ALWAYS a choice - that's why you're a contractor - you can CHOOSE the work you take on.
c) Well you're about to burn your bridges with both the agent and the end client - the agent won't take the rap for your lack of business nouse, and rightly so, and ultimately, the client will never entertain you again, because you've promised and not delivered - advice? Don't sign a contract until you are certain it's the job you're going to accept, and don't try to claim that agents are "lying" to you, when clearly you have a choice of which contract you sign up to. You're meant to be a business - act like one and you won't have these issues.

[rd409]

Did you sign the contract with the words "subject to review"? In that case, you just say that the working practices at the client site are not IR35 friendly as your accountant has encountered in past many contractors from that client. Simples. Otherwise, just serve the notice.

This is business remember, and as the director of the business, you have the right and duty to make decisions that are best suited for the business and it's employees. So if you think that is the best decision, then go for it.

As for the burning the bridges - it is not true. I have in past received calls and offers from agents, whose contracts I have ditched. It is just business, and there is no room for personal grudges or ego here. As for the client, you may not get favorable response for next few times, but that again depends on the manager and the requirements at that time. I would not worry too much about it though.

[PapaDel]

Thanks

Thanks all. @Agents View - The agent and the client are one and the same. So personally, I was more worried about the legal aspects and not necessarily personal things. And I don't think your view is the objective view. From your submission, you sounded like an agent yourself and thus I was not surprised. I wanted legal perspectives, can one get out without getting sued?? I have checked and it is a Yes, I can without getting sued, based on something called Termination period, so thanks to the others. I was told I'd be working for Accenture until the contract came. When it came, I saw the agent's parent company as the client. I was not happy and then it[Client] was changed to reflect "Agent Parent Co @ Accenture ". This told me that the client was not Accenture. If I walked away today, it will mean that I have offended the Agent and it's parent - who are one and the same. Thanks for helping me all...

[The Agents View]

Thanks all. @Agents View - The agent and the client are one and the same. So personally, I was more worried about the legal aspects and not necessarily personal things. And I don't think your view is the objective view. From your submission, you sounded like an agent yourself and thus I was not surprised. I wanted legal perspectives, can one get out without getting sued?? I have checked and it is a Yes, I can without getting sued, based on something called Termination period, so thanks to the others. I was told I'd be working for Accenture until the contract came. When it came, I saw the agent's parent company as the client. I was not happy and then it[Client] was changed to reflect "Agent Parent Co @ Accenture ". This told me that the client was not Accenture. If I walked away today, it will mean that I have offended the Agent and it's parent - who are one and the same. Thanks for helping me all...

Yes, I am an agent. Good detective skills.

The agents parent company, is always going to be your client on the contract. My contractors clients, are XXX Group PLC, but that's not who they work for - the end client is not mentioned anywhere in my candidate side contracts.

You did not ask for the "Legal" view - you were too busy blaming the agent, who from the limited (and badly written) information that I can see, has done nothing which he/she can be blamed for.

You are supposed to be running a business - part of that responsibility, is the ability to read a contract, and work within it. I'd be concerned about your ability to run said business at all, if you cannot grasp the terms and conditions laid out in front of you. If there's a termination clause in the contract, you can get out - simple.

You will also notice, that there are no subjective views on here. Contractors will give the contractors view, agents, will give the agents view - hence the screen name.

Make sure you do this by the book. The people you are turning down, might have a bad reputation, but they have a hell of a lot of fingers, in a hell of a lot of pies - don't let it bite you in the A55 in 6 months time because you were too hung up on "what the agent done!"

TAV

[PapaDel]

Thanks TAV. You are getting personal

TAV, you are getting personal. I have rights and will exercise them. If the agent doesn't like it, then I guess, they can do something about it. Nothing lasts forever and as to their "having their fingers in a lot of pies", it may not always be the case.

I can run a business and have 2 contracts, an indictment of my abilities! I will not jump into the gutter with you on this. Thanks for your attempt to answer these though, it came across as too very personal. Please don't get emotional in these things. It helps you see clearly, just some advice for you, FREE

[The Agents View]

TAV, you are getting personal. I have rights and will exercise them. If the agent doesn't like it, then I guess, they can do something about it. Nothing lasts forever and as to their "having their fingers in a lot of pies", it may not always be the case.

You think Accenture are going to stop having their fingers in alot of pies? Interesting.

You realise that the agent, will tell Accenture that you've blown out the contract that Accenture offered, right?

The agent is largely irrelevant (unless it's a super big one) - the client is the one who could bite you in the backside.

I can run a business and have 2 contracts, an indictment of my abilities! I will not jump into the gutter with you on this. Thanks for your attempt to answer these though, it came across as too very personal. Please don't get emotional in these things. It helps you see clearly, just some advice for you, FREE

Indication*

If I was being personal, I would have called you a fat layabout, or similar. I questioned your professional conduct, owing to the fact that you accepted a contract, signed the paperwork, and then decided you didn't want it, because a) something better came up, and b) you could find a (very lame) reason to try and put the blame onto the agent. Step back, explain to the agent that you have to look after your own interests, and an offer which was too good refuse, came up (I assume the other contract was a minimum of £100 per day more to you).

DO NOT burn your bridges. As I say, Accenture have their fingers in more pies than you know.

[northernladuk]

From your submission, you sounded like an agent yourself and thus I was not surprised...

Yes, I am an agent. Good detective skills.

Best laugh of the day that. Quality.

[BolshieBastard]

The contract is errr...the contract. You've signed it, therefore effectively you are bound by its terms. Why on earth would you sign a contract you had no intention of adhering to??



Clearly they didn't talk you out of anything other than being upfront about it.



The Parent company of a blue chip company....is errrr...surely a blue chip group??



You need to issue written notice of the termination of your contract NOW!



a) The agent hasn't lied to you - the way you've written this, the only person who's lied, is you!
b) There is ALWAYS a choice - that's why you're a contractor - you can CHOOSE the work you take on.
c) Well you're about to burn your bridges with both the agent and the end client - the agent won't take the rap for your lack of business nouse, and rightly so, and ultimately, the client will never entertain you again, because you've promised and not delivered - advice? Don't sign a contract until you are certain it's the job you're going to accept, and don't try to claim that agents are "lying" to you, when clearly you have a choice of which contract you sign up to. You're meant to be a business - act like one and you won't have these issues.

Stop talking bulltulip. If he hasnt sent the contract back to the client yet, everyone has only got his word that it's signed

So, he's not bound by the contract, it's just a contract needing his signature.

And if the agent wants the 'unsigned' contract back in the post, fine, he says he's sent it recorded and puts it through his shredder. Reciept for posting? Yeah, that got lost