Working out of contract?

**WTFH** · 26 July 2019, 13:03

Originally posted by willendure View Post

Hi,

My contract is to be renewed for 6 months, but here I am on the last day of the previous one with delays to the new one due to "internal process delays" (i.e. some useless slacker didn't do their job). I am told it may take 10 days to come through.

My agency have suggested that it will be all fine and I should just work at risk for the next 10 days until it is sorted. They will still let me in the building, apparently!

I have nothing in writing, and a bit uncomfortable with this suggestion... contracted for 20 years now and never had this situation before. Perhaps I should just take a holiday, start applying for new roles, and see how things work out over the next 10 days.

Any advice?

If the agent says it will all be fine, then tell the agent to give you a contract, and it will all be fine.

Make up an excuse like your insurance doesn't cover you out of contract.

**northernladuk** · 26 July 2019, 13:05

Couple of options for you here.

Get it in an email that the agency and client want you to continue under the old T&C. You will have an implied contract where all parties expect you to turn up and in return all parties understand you will be paid for that work. Legally you are covered but if the crap does hit the fan someone may not understand that an implied contract exists and starts playing silly buggers. Without a signed contract it may take some time to get resolved.

The other aspect is, what else are you going to do for, say, the next week? If you were going to sit at home looking for gigs you might as well do it on their site and have a chance to get paid. So it goes Pete Tong and you don't get paid, all you've lost is the effort you put in doing the work.

I am a little concerned why something takes 10 days though... That would ping my radar alright.

Back in the day when it was all about chasing the money I'd have probably gone in with an email from the client AND the agent as evidence. Nowadays? No. I'd take the time off until a contract appears. I value my holidays more than the rate now so they can go whistle until they get their house in order. They certainly won't do this next renewal if they know what's going to happen.

Up to you really.

**BlasterBates** · 26 July 2019, 13:10

This has happened to me several times, though usually sorted within a week. I would continue to work. If you stay at home you lose revenue.

If the agent has agreed to the extension and the client is giving you work, legally you are not in limbo, your contract has been extended and you can bill the agency.

We've never had anyone on the forum saying they renewed without the paperwork and now can't get paid. The risk is very low, and it is actually quite common.

**willendure** · 26 July 2019, 13:27

If I continue working over the next 10 days on an 'as-is' basis, is the notice period effectively zero during that time?

I'm just thinking, if I did find something else and they wanted me to start in a hurry could I do that? The notice period on the old contract is 30 days, and I guess that it will be on the new one too. Wouldn't mind finding a better (more interesting) gig if I can, but would stay here as the default option (dull but pays pretty well).

**pr1** · 26 July 2019, 13:30

Originally posted by willendure View Post

If I continue working over the next 10 days on an 'as-is' basis, is the notice period effectively zero during that time?

I'm just thinking, if I did find something else and they wanted me to start in a hurry could I do that? The notice period on the old contract is 30 days, and I guess that it will be on the new one too. Wouldn't mind finding a better (more interesting) gig if I can, but would stay here as the default option (dull but pays pretty well).

Assuming you are busy and the client still needs you, tell them you aren't coming in on Monday without a new contract, don't go in on Monday, 95% you'll have a new contract by lunch time on Monday

**northernladuk** · 26 July 2019, 13:43

Originally posted by willendure View Post

If I continue working over the next 10 days on an 'as-is' basis, is the notice period effectively zero during that time?

I'm just thinking, if I did find something else and they wanted me to start in a hurry could I do that? The notice period on the old contract is 30 days, and I guess that it will be on the new one too. Wouldn't mind finding a better (more interesting) gig if I can, but would stay here as the default option (dull but pays pretty well).

The T&Cs will continue as per the last contract. You can't pick the notice you'd like to have as they may decide to pick the option to pay to suit them

**willendure** · 26 July 2019, 14:34

Thanks all for your input.

Its sounds like if I am coming in on Monday, the minimum I should do is to get an email from the Client confirming that they are happy to continue the contract as-is.

**WordIsBond** · 26 July 2019, 14:36

If you want to be sure, get it in an email as described above, that you are continuing on the same terms provisionally.

If you want to be doubly-sure, refuse to work without a contract, as noted above.

If you want the freedom to walk away without notice, say nothing, keep your head down, and go to work. There's about a 95% probability you'd get paid if you don't walk, so this isn't a lot of risk, as noted above. If you do walk away, sometime next week you might not get paid for the days you worked, but you'd be well within your rights to say that you left because you didn't have a contract. If it were me, I'd probably do it that way.

If you push for something in writing it would be very unprofessional, at best, to then walk away if they give it to you. So if you want to keep that option open, just go in and work. If another contract doesn't work out for you, you are very probably going to get your renewal and payment for the intervening days.

**ladymuck** · 26 July 2019, 15:01

I have refused to turn up without a contract and have also on the last day of a contract said "I won't be in on Monday if you don't sort something before I leave today". Both times it got sorted.

Nowadays I'm a bit more relaxed but would still ask for an assurance in writing that work continues as per the original terms and payment will not be withheld if the usual evidence (approved timesheets, etc) are provided. I would also be inclined to set a deadline, as NLUK implied, 10 days is a bit of a long time to change a couple of dates on a template document.

Working at risk is something no employee has to do....

Working out of contract?