New contract with nothing in writing?!

[jamie]

Hi

Well I am new to this forum but not new to posting or to the world of contracting, having been a consultant for too many years!

I have a new contract, actually due to start today but they called me late on friday and asked if i could start on tuesday instead. I agreed but am thinking of invoicing for that day anway.

More importantly, I have no contract with the agency. When i asked about one, as all my other contracts have had one in place before I even set foot on the clients site, she said "it was more of a gentlemans agreement" which I was so stunned about, i didn't really respond.

She said she could get onto the client about putting a one pager together but all the same, I will not have this before I am due to start and generally my contracts are about 20 pages long. As a limited company I need a contract as protection and for all the other reasons we know, generally it smells a bit fishy to me.

Would anyone have suggestions for how to handle this or where I can get a contract from which I could get the client to agree to?

Also, as I have not actually signed anything, could I actually work for the client direct??

I await responses......thanks in advance

aj

[Cowboy Bob]

Would anyone have suggestions for how to handle this or where I can get a contract from which I could get the client to agree to?

Yes, don't do it without anything in writing. You'll be opening yourself up for non-payment and there'll be little in the way of redress.

However, if you can get the agency and client to e-mail you with details of what they want you to do and how you will be paid then that at least should have some legal weight - and if they refuse to e-mail you, definitely do not attend the client's site.

If you are a member of the PCG, you can send off one of their standard contracts to be signed.

[jamie]

Yes, don't do it without anything in writing. You'll be opening yourself up for non-payment and there'll be little in the way of redress.

However, if you can get the agency and client to e-mail you with details of what they want you to do and how you will be paid then that at least should have some legal weight - and if they refuse to e-mail you, definitely do not attend the client's site.

If you are a member of the PCG, you can send off one of their standard contracts to be signed.

Thanks for your response

I don't think the agency that I am dealing with is used to contracting and people like me - effectively, I am being put into the company as a temp....no, i'm not happy about that one either.

Got an email just now from the agency, this was the full extent:

You have a new placement.

Placement Id: 2303
Client: xxxxx
Manager: xxxxx

I have never worked on just 12 words before!! I'm just agog.

Apparantly, I am supposed to be seeing the woman from the agency this week but nothing has been confirmed and quite frankly, I have been burnt too many times to take any known risks.

I will apply pressure today to get something in writing, at least the basics and make sure thats agreed to before I attend to site.

Legally, surely there's a huge difference between being a consultant from a limited company and a "temp"??

And no, I'm not a member of the PCG, so cannot use their standard contracts (?) Presumably I could use my own contract though (I could get one drawn up)

Thank you

AJ

[Kyajae]

Thanks for your response

I don't think the agency that I am dealing with is used to contracting and people like me - effectively, I am being put into the company as a temp....no, i'm not happy about that one either.

Got an email just now from the agency, this was the full extent:

You have a new placement.

Placement Id: 2303
Client: xxxxx
Manager: xxxxx

I have never worked on just 12 words before!! I'm just agog.

Apparantly, I am supposed to be seeing the woman from the agency this week but nothing has been confirmed and quite frankly, I have been burnt too many times to take any known risks.

I will apply pressure today to get something in writing, at least the basics and make sure thats agreed to before I attend to site.

Legally, surely there's a huge difference between being a consultant from a limited company and a "temp"??

And no, I'm not a member of the PCG, so cannot use their standard contracts (?) Presumably I could use my own contract though (I could get one drawn up)

Thank you

AJ

Who's the agency?

[jamie]

Who's the agency?

Pure Resourcing Solutions (www.prs.uk.com)

Have you heard of them?

AJ

[Kyajae]

Pure Resourcing Solutions (www.prs.uk.com)

Have you heard of them?

AJ

No. I was just curious to see if you'd name & shame.

[Kyajae]

Pure Resourcing Solutions (www.prs.uk.com)

Have you heard of them?

AJ

Seems to be a lot of pink on their website. Perhaps they're into shafting in more ways than one.

[jamie]

No. I was just curious to see if you'd name & shame.

i have no problems with naming and shaming, IMHO, they're all as bad as each other anyway.

[jamie]

Yes, don't do it without anything in writing. You'll be opening yourself up for non-payment and there'll be little in the way of redress.

I'm putting together a assignment schedule, so at least I will have something in writing which I will ensure they sign before I do anything.

Its the usual stuff - contract period, daily rate, payment terms and notice period.

They also said I would be paid a bonus on completion so I have included this as a special term.

Do you think this is sufficient information??

Thanks
AJ

[Kyajae]

I'm putting together a assignment schedule, so at least I will have something in writing which I will ensure they sign before I do anything.

Its the usual stuff - contract period, daily rate, payment terms and notice period.

They also said I would be paid a bonus on completion so I have included this as a special term.

Do you think this is sufficient information??

Thanks
AJ

Do you have all the other bits to make the contract safe from IR35?