Contract notice period question

[kevinlam]

Hi all,

Just had a contract delayed indefinitely due to "budget review". I have signed this contract with the agent with a start date of two weeks ago, but never started.

Fortunately, called up one of the client that I rejected and they are still looking and agreed to have me on board.

My question is that, since I signed the first contract which has a notice period of 1 month with the agent. Do I need to honour that even if the contract never really started?

Do I need to do anything else to make sure that my first contract is terminated?

Kev

[JoJoGabor]

I assume if it's an IR35 friendly contract that they are not obliged to give you work? Read the contract carefully for any obligations they may have which could breach the contract. However I doubt there will be. I would take my chances in this situation and go get some work. They could technically chase you for breach of contract, but sound they would if they have messed you around.

[kevinlam]

I assume if it's an IR35 friendly contract that they are not obliged to give you work? Read the contract carefully for any obligations they may have which could breach the contract. However I doubt there will be. I would take my chances in this situation and go get some work. They could technically chase you for breach of contract, but sound they would if they have messed you around.

There is indeed a clause saying that they do not have to provide me with worth, but also a reverse clause saying that I don't have to accept any work?

[VectraMan]

There is indeed a clause saying that they do not have to provide me with worth, but also a reverse clause saying that I don't have to accept any work?

Providing you with worth is a different issue.

You're worrying over nothing. If you break a contract, the worst case is that the agent and client sue you for damages. But there is no work, hence no loss to anybody (except maybe you). Tell the agent, expect some BS in reply, ignore it and get on with invoicing for you new gig.

[kevinlam]

Providing you with worth is a different issue.

You're worrying over nothing. If you break a contract, the worst case is that the agent and client sue you for damages. But there is no work, hence no loss to anybody (except maybe you). Tell the agent, expect some BS in reply, ignore it and get on with invoicing for you new gig.

But do I need to request to cancel the original contract or do I just ignore its existence?

[TykeMerc]

If it's been delayed indefinitely then it's effectively dead already. If the agent had told me that I'd regard any agreed contract as being null and void.

I'd do the courtesy of letting the agent know that you're no longer available since the work has no start date and take the other opportunity.

[kevinlam]

If it's been delayed indefinitely then it's effectively dead already. If the agent had told me that I'd regard any agreed contract as being null and void.

I'd do the courtesy of letting the agent know that you're no longer available since the work has no start date and take the other opportunity.

The agent said that it is going to be next week (the third time). So I guess it is counted as indefinitely to me.

[SueEllen]

The agent said that it is going to be next week (the third time). So I guess it is counted as indefinitely to me.

State that you aren't available.

If the agent makes a fuss state you will use your right of substitution.

[PinkPoshRat]

Right to substitution = I love it!