Misrepresentation in "selling" a contract? Misrepresentation in "selling" a contract?
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  1. #1

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    Default Misrepresentation in "selling" a contract?

    Legal types - your advice would be appreciated!

    Three months ago, after three months out of work, I had a choice of two contracts on the table (yep - they're like buses!). I chose the one that seemed a bit 'safer' having had a few months out of the game and needing stability. Both were 'sold' as 6-month roles with a good chance of extension - and I checked this in the interviews.

    Last week, three months in, I was told my client were ending the contract on a week's notice for handover. It turns out that they never did have approved funds for 6 months and nobody is surprised that it's being cut short. The person responsible for briefing the recruiter said it was "just what they always do" and then admitted "perhaps we should have put three months". Her attitude seems to be "you earn a lot you should expect this kind of thing".

    The Misrepresentation Act of 1967 appears to suggest that I have a case for reparations here. Does anyone have any specific experience or knowledge that may help me decide whether to take further action? I don't want to burn bridges, but this is £35k we're talking about and their misleading claim genuinely caused me to make the wrong decision at what may be a huge cost to my finances - and I can't afford another 3-month gap to my next contract.

    Misrepresentation Act 1967

    Any help appreciated.

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    No legal recourse here at all. We work on a time and material basis and we get paid for the days we work. That's it. Period.

    If the gig ends prematurely then that's the nature of the game. If anything it's a good bit of evidence for the IR35 folder.

    Nothing the client says in the interview matters. It's what's on the contract and that isn't gauranteed because of the notice periods and termination clauses.

    You've been binned early, it happens. Chin out, shake their hands and thank them for the opportunity of working with them and leave on good terms. They may call you out of the blue with more work, you never know.

    Forget anything to do with going legal. Won't work and waste of everyone's time, effort and money.
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    ^--- This.

    Also in MASSIVE text at the top of your link:

    "The Misrepresentation Act exists to protect consumers from false or fraudulent claims that induce you into buying something or entering into a contract."

    You're not a consumer here. You have a business to business relationship.
    And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.

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    Feel your pain, move on


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    The other one wouldn't necessarily have been better. There is a bit of downturn at the moment.
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    Quote Originally Posted by Whumpie View Post
    Legal types - your advice would be appreciated!

    Three months ago, after three months out of work, I had a choice of two contracts on the table (yep - they're like buses!). I chose the one that seemed a bit 'safer' having had a few months out of the game and needing stability. Both were 'sold' as 6-month roles with a good chance of extension - and I checked this in the interviews.

    Last week, three months in, I was told my client were ending the contract on a week's notice for handover. It turns out that they never did have approved funds for 6 months and nobody is surprised that it's being cut short. The person responsible for briefing the recruiter said it was "just what they always do" and then admitted "perhaps we should have put three months". Her attitude seems to be "you earn a lot you should expect this kind of thing".

    The Misrepresentation Act of 1967 appears to suggest that I have a case for reparations here. Does anyone have any specific experience or knowledge that may help me decide whether to take further action? I don't want to burn bridges, but this is £35k we're talking about and their misleading claim genuinely caused me to make the wrong decision at what may be a huge cost to my finances - and I can't afford another 3-month gap to my next contract.

    Misrepresentation Act 1967

    Any help appreciated.
    LOL. Happened to me once with Crap Gemini. Agent said it was a 17 weeker, six weeks in I got a call saying contract notice being served, nothing to worry about, not your fault etc.

    I actually felt hard done to as Id also turned down another contract and complained to Crap. In fairness they got back to me and said they expected the role to last longer than 6 weeks but not the full 17 weeks.

    Just deal with it and move on.
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    Quote Originally Posted by b0redom View Post
    ^--- This.

    Also in MASSIVE text at the top of your link:

    "The Misrepresentation Act exists to protect consumers from false or fraudulent claims that induce you into buying something or entering into a contract."

    You're not a consumer here. You have a business to business relationship.
    That's a good point: Do I qualify as a CONSUMER in this case? Possibly not.

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    Quote Originally Posted by Whumpie View Post
    That's a good point: Do I qualify as a CONSUMER in this case? Possibly not.
    You really need a better grasp of what you are and the engagement method that brings you so much income.

    If you can't understand this and whether you are a consumer or not you shouldn't be contracting.

    Read the replies again and this time don't focus on the little bits you want to hear.
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    Default Clarifying...

    Thanks for the feedback so far. Not much of it seems to be based on any legal knowledge, more a "tough tulip, move on", which is all very well, but I think it's our duty to be sure to call people out if they take the mickey.

    Just to clarify: my issue here ISN'T WITH THE CONTRACT. Nor is it with the termination - both are, sadly, an increasingly common part of the game. Also, if the reason for the termination had been unexpected, it would have been bad news - but just one to take on the chin.

    My issue is with the 'selling'. The agent 'sold' me this contract - that is their job. They convinced me to select theirs over another; I was their customer. And the key bit of information they used to do that was known to be misleading.

    I'll get some professional advice on it. I don't mind a bit of rough-with-the-smooth, but if we let this kind of stuff slide, before you know it contract durations will be meaningless and we'll be even more subject to the whims of various gits who consider us to be 'fair game' for any kind of abuse.

    The point made about "you're not a consumer" is a good one and I expect that's the killer. But it's worth asking.

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    Quote Originally Posted by northernladuk View Post
    No legal recourse here at all. We work on a time and material basis and we get paid for the days we work. That's it. Period.

    If the gig ends prematurely then that's the nature of the game. If anything it's a good bit of evidence for the IR35 folder.

    Nothing the client says in the interview matters. It's what's on the contract and that isn't gauranteed because of the notice periods and termination clauses.

    You've been binned early, it happens. Chin out, shake their hands and thank them for the opportunity of working with them and leave on good terms. They may call you out of the blue with more work, you never know.

    Forget anything to do with going legal. Won't work and waste of everyone's time, effort and money.
    Actually, that's not correct. Everything in the run-up to the contract is legally valid, including the advert, the offer, and even what was said verbally. The wording of the contract itself only has a bearing over what they can do once you've signed up, and they are fine terminating it. The issue occurred before the contract was signed, and I'm pretty sure you cannot, under any circumstances, mislead someone in order to get them to enter into an agreement.

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