Client changes start date after contract is signed, is it breach ? Client changes start date after contract is signed, is it breach ?
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    Default Client changes start date after contract is signed, is it breach ?

    Hi all

    Client offered me a contract with a start date on Dec 4th ( all signed 3 weeks ago) and now I'm told it is postponed till 9th )

    The notice period is 2 weeks for this contract, it is breach of contract ? and I should be able to say no to the contract

    And there shall be no issues legally right ?

    It is just 3 days but I find this unreliable

    Thanks

  2. #2

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    What does your contract state?

    If it's outside IR35, then it's typically a case of no work, no pay per the majority of contracts.

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    Do you have another contract that you can start on the 4th

    If not don't stress about it, start dates change all the time as things crop up.
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    Quote Originally Posted by eek View Post
    Do you have another contract that you can start on the 4th

    If not don't stress about it, start dates change all the time as things crop up.
    I've an option to extend in my current role

    I find the new one unreliable considering the current climate I feel its risky and don't want to be unemployed

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    Quote Originally Posted by eek View Post
    Do you have another contract that you can start on the 4th

    If not don't stress about it, start dates change all the time as things crop up.
    Yes I do, lower rate but more stable as I'm there for a year

  6. #6

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    Quote Originally Posted by Zsat01 View Post
    Hi all

    Client offered me a contract with a start date on Dec 4th ( all signed 3 weeks ago) and now I'm told it is postponed till 9th )

    The notice period is 2 weeks for this contract, it is breach of contract ? and I should be able to say no to the contract

    And there shall be no issues legally right ?

    It is just 3 days but I find this unreliable

    Thanks
    Stop your whinging, it’s not a beach of contract

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    Quote Originally Posted by Zsat01 View Post
    I've an option to extend in my current role

    I find the new one unreliable considering the current climate I feel its risky and don't want to be unemployed

    Wait for NLUK to dive all over this.

    We know what you mean though.

    If your current one is a contract that doesn't want you to leave, why are you? Mo' money?
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    Quote Originally Posted by ShandyDrinker View Post
    What does your contract state?

    If it's outside IR35, then it's typically a case of no work, no pay per the majority of contracts.
    Goes both ways. You can just as easily give notice then say you're not available.

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    Quote Originally Posted by jayn200 View Post
    Goes both ways. You can just as easily give notice then say you're not available.
    Not really. You'd be in breach. Client - Supplier relationships are not even so it doesn't always go both ways. If they provide and will pay for the work there are certain obligations in the contract to be filled. By doing something like this it is blatently obvious you are not honouring the notice period so could land in hot water. It's pretty thinly veiled. Yes yes it's very complicated, got to go legal and all that but still worth understanding and discussing. Unlikely to happen but you could be in breach for tricks like that.

    Good luck getting your last invoice paid as well.
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    Quote Originally Posted by Zsat01 View Post
    Hi all

    Client offered me a contract with a start date on Dec 4th ( all signed 3 weeks ago) and now I'm told it is postponed till 9th )

    The notice period is 2 weeks for this contract, it is breach of contract ? and I should be able to say no to the contract

    And there shall be no issues legally right ?

    It is just 3 days but I find this unreliable

    Thanks
    Technically you are bound by the terms of the contract. You've comitted to it by signing it. The start date is just an agreement you'll start doing the work, which is a little irrelvant as there will be a clause in your contract that says they don't have to offer you work. You are still in contract though, just not getting paid. Sucks but it's not uncommon in contracting. You are a supplier and can only start when a client is ready for you.

    So no, they are not in breach of contract. It's covered by the no work no pay rule. To get out of it in theory you'd have to give notice as per the contract. That's the theory. Practice is quite different.

    In practice if you really do want to get out the speak to the agent QUICKLY!!!!!. The longer you leave this the uglier it's going to get. The agent is going raise a right stink and give you a ton of grief. They could threaten to sue you as well. Just ignore it. To sue you they have to prove a loss and you've not started so no loss. They can get someone in in a week. Should the bollocking you might get on and jobs a good un.
    Last edited by northernladuk; 1st December 2020 at 00:29.
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