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working past contract end date whilst waiting for renewal to come through

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    working past contract end date whilst waiting for renewal to come through

    The company I'm currently at is really slack when it comes to renewing my contract. I often just get notification that want to extend, and at the last renewal, I didn't get the renewal through until 2 weeks after the last one ended. I've never had any problems with getting my timesheets approved and I trust the company to renew, but their attitude towards it is pissing me off.
    What would you do in my situation?
    Are there any legal ramifications to working outside of contract whilst waiting for the renewals to come through?

    Cheers

    #2
    Originally posted by flippyflappy View Post
    The company I'm currently at is really slack when it comes to renewing my contract. I often just get notification that want to extend, and at the last renewal, I didn't get the renewal through until 2 weeks after the last one ended. I've never had any problems with getting my timesheets approved and I trust the company to renew, but their attitude towards it is pissing me off.
    What would you do in my situation?
    Are there any legal ramifications to working outside of contract whilst waiting for the renewals to come through?

    Cheers
    It depends.

    Arguably without a contract you could be on dodgy ground with your liability insurance.
    In the event they don't pay you're going to struggle to get the cash.
    Terms and conditions aren't established formally so there's scope for you to be arsed about.

    To mitigate most of that a letter of intent from them stating that the contract is being extended on the current terms would probably be a wise thing to get and it could stand up in court in the event of it going into nasty argument mode.
    It's good you trust the client to come though, but it's best to cover your arse on stuff like this, it makes good business sense.

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      #3
      I imagine if you're working without a contract you probably have more rights than with a contract, especially if you're getting a timesheet signed as proof that you were there.
      Will work inside IR35. Or for food.

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        #4
        I once worked several months past my renewal date before a new contract was put in place, towards the end I was getting urgent requests from management for info they needed to get budget for the renewal, it was quite weird hearing the panic in their voices, given that I wasn't at all worried. As far as I can recall the agency was paying me monthly, though I'd probably have carried on working even if they hadn't been. (It's a big company, and I can't see them not paying for work actually done, regardless of whether contracts or budgets had been agreed.),

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          #5
          The company you work for is your LTD> Are you saying the Director is a complete ? Sounds like it.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

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            #6
            Originally posted by TykeMerc View Post
            It depends.

            Arguably without a contract you could be on dodgy ground with your liability insurance.
            In the event they don't pay you're going to struggle to get the cash.
            Terms and conditions aren't established formally so there's scope for you to be arsed about.

            To mitigate most of that a letter of intent from them stating that the contract is being extended on the current terms would probably be a wise thing to get and it could stand up in court in the event of it going into nasty argument mode.
            It's good you trust the client to come though, but it's best to cover your arse on stuff like this, it makes good business sense.
            Yep, agree with this. I feel OK about it as long as I get some written confirmation that the current contract will be extended with same rate/hours.
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              #7
              Nice one thanks guys

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                #8
                I thought this was fairly clear that if you carry on working past the contract end date and they carry on supplying work and paying then there's an implicit contract in place with the same terms as the original contract. Is that incorrect?

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                  #9
                  Originally posted by Bunk View Post
                  I thought this was fairly clear that if you carry on working past the contract end date and they carry on supplying work and paying then there's an implicit contract in place with the same terms as the original contract. Is that incorrect?
                  At its most simplest you are correct, in that if a contract was in place but then expired & both parties acted as if it was still in place (ie work & pay) then the implied terms would be as per the expressed terms of the lapsed contract.

                  This is challengeable in court, the viability of a letter of intent really does depend on the wording, most I have seen are not worth the paper they are written on.
                  Growing old is mandatory
                  Growing up is optional

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                    #10
                    I have been told by several agencies not to turn up if the contract has expired because your not insured, and as my contract is with them not the client i do what they say, obviously i am up front with the client and tell them its the agencies call not mine, they normally get their finger out then

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