• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Does my contract hold - Feel like walking

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    Does my contract hold - Feel like walking

    Hey peeps,

    I had a 10% rate cut, had a phone call with in-house agency telling me about enforced rate cut and was subsequently sent an email saying i would get new rate X after 4 weeks. After that up until now nothing; no new contract for me to sign or anything.

    Its been 4 weeks now and i'm on the new lower rate now. I have an opportunity elsewhere but right away, so need to walk asap.

    My question is does the 4 week notice period still hold from the original contract even though that contract was signed on the basis of the old rate? or is that void now?

    #2
    Go stay.. it's up to you

    I walked early once & it ended up with me having to sue the agency for monies withheld

    Truth is ..don't do it if at all possible
    How fortunate for governments that the people they administer don't think

    Comment


      #3
      Originally posted by Pork Belly
      You were given written notice (via email) of the change in terms of the original contract. At the same time, you were also allowed a four week period during which you were given the opportunity to refuse the new terms by terminating the contract.

      The fact that you took no action during that four week period indicates implied acceptance of the new terms. All existing terms in the original contract remain in force.

      This is no different to the way credit card companies change your interest rates.
      Originally posted by hockey1980 View Post
      Hey peeps,

      I had a 10% rate cut, had a phone call with in-house agency telling me about enforced rate cut and was subsequently sent an email saying i would get new rate X after 4 weeks. After that up until now nothing; no new contract for me to sign or anything.

      Its been 4 weeks now and i'm on the new lower rate now. I have an opportunity elsewhere but right away, so need to walk asap.

      My question is does the 4 week notice period still hold from the original contract even though that contract was signed on the basis of the old rate? or is that void now?
      While PB is right, I'd still be inclined to walk if I were you as you've got something better lined up. F**k em. just be prepared to fight for monies owed.
      "Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny. "


      Thomas Jefferson

      Comment


        #4
        Thanks for the advice chaps. Worst thing is the cut was enforced 2 weeks after i joined!

        Nobody knew about the cut i'm told and no exemptions. Would never have joined if i knew.

        To make it worse I had other offers on the table at the time. ps the work has turned out to be absolute mind-numbing cack

        Comment


          #5
          Originally posted by hockey1980 View Post
          Thanks for the advice chaps. Worst thing is the cut was enforced 2 weeks after i joined!

          Nobody knew about the cut i'm told and no exemptions. Would never have joined if i knew.

          To make it worse I had other offers on the table at the time. ps the work has turned out to be absolute mind-numbing cack
          As PB says. Think of it as a credit card company changing your interest rate. So you've effectively accepted the new contract.

          So if you want to bugger orf, it's four weeks notices.
          What happens in General, stays in General.
          You know what they say about assumptions!

          Comment


            #6
            Originally posted by hockey1980 View Post
            Thanks for the advice chaps. Worst thing is the cut was enforced 2 weeks after i joined!

            Nobody knew about the cut i'm told and no exemptions. Would never have joined if i knew.

            To make it worse I had other offers on the table at the time. ps the work has turned out to be absolute mind-numbing cack
            Not sure what you do, but you need to find a way of moving up the food chain.

            They would not pull that on me because it could take them a while to replace me. I'm just saying.

            The bad news is, it's all mind-numbing cack. But if they a paying you a big weg to do it, it doesn't seem so bad.
            Fiscal nomad it's legal.

            Comment


              #7
              I disagree with Pork Belly. A rate change is such a fundamental change to a contract that it cannot be binding without your signature. As I understand it, you did not even verbally agree to it.

              What is the nature of a contract? Something that is agreed by BOTH parties.

              The fact that the change was suggested only two weeks after you joined implies that the agency is acting in bad faith. Clearly agencies will continue to attempt these kinds of things if they feel they are taking no risk.
              Der going over der to get der der's.

              Comment


                #8
                Originally posted by darrenb View Post
                I disagree with Pork Belly. A rate change is such a fundamental change to a contract that it cannot be binding without your signature. As I understand it, you did not even verbally agree to it.

                What is the nature of a contract? Something that is agreed by BOTH parties.

                The fact that the change was suggested only two weeks after you joined implies that the agency is acting in bad faith. Clearly agencies will continue to attempt these kinds of things if they feel they are taking no risk.
                The reason they feel no risk is he can easly be replaced.
                It's up to you to up-skill/find a niche so this doesn't happen to you.

                You can argue that you are right, stick to you guns, say it's not fair, but it will not help. You will not get extended. The large chip on your shoulder will show up at interviews and you will end up on the bench more often than working. That's how it works.

                But you can look at it another way, companies have projects and they need certin skill sets. Some are more difficult to find than others. They have to pay more for the niche skills, if you can be one of them you can tell the agent you will not get out of bed for less than xxx a day, and when you get offered the role after the phone interview, you can then up your rate xxx a day.

                You can try to fight the system or use it.

                HTH
                Fiscal nomad it's legal.

                Comment


                  #9
                  WAPS.

                  When it happened to me I immediately handed in my notice saying that I didn't accept the rate change and good luck finding a replacement.

                  The rate cut (and subsequent notice) was quietly dropped and everyone else thought I'd taken the cut. No need to rub anyone's nose in it by saying otherwise.
                  "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
                  - Voltaire/Benjamin Franklin/Anne Frank...

                  Comment


                    #10
                    Originally posted by hockey1980 View Post
                    Hey peeps,

                    I had a 10% rate cut, had a phone call with in-house agency telling me about enforced rate cut and was subsequently sent an email saying i would get new rate X after 4 weeks. After that up until now nothing; no new contract for me to sign or anything.

                    Its been 4 weeks now and i'm on the new lower rate now. I have an opportunity elsewhere but right away, so need to walk asap.

                    My question is does the 4 week notice period still hold from the original contract even though that contract was signed on the basis of the old rate? or is that void now?
                    Find a new gig. Move to new gig. Tell old gig you are sick. Be prepared to go to court for monies owed.

                    Next.
                    Knock first as I might be balancing my chakras.

                    Comment

                    Working...
                    X