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started work before signing, but after asking for changes

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    started work before signing, but after asking for changes

    Hi

    What's the position when you start work, during negotiation to change the contract that hasnt been agreed upon.

    I hear that there's an implicit acceptance by starting work, there's also an explicit communication that i reject some
    terms of the contract.

    So what are terms of any contract. Is there a recommended checking company for contracts here?

    thanks

    #2
    Originally posted by captainjon View Post
    Hi

    What's the position when you start work, during negotiation to change the contract that hasnt been agreed upon.
    The position is that there is a pillock on site without a signed contract. Don't start work without a signed contract. It's a pretty stupid thing to do.

    I hear that there's an implicit acceptance by starting work, there's also an explicit communication that i reject some
    terms of the contract
    You've put yourself in an extremely difficult position. You have deemed to have accepted the last contract seen. They issued it so your acceptance is starting it. I am sure you can't send it back and say take that out and rock up and expect it to stand. The other half hasnt had chance to review or accept.

    So what are terms of any contract. Is there a recommended checking company for contracts here?

    thanks
    Well signing the ******* thing would have been a good start. Yes there is QDOS, Baur and Cottral for a start. Many accountants do it as well but all that is irrelevant now. You are not going to get any changes in your favour made once you've started.

    You are a CONTRACTor. It would be a good idea to get that bit right before you start. Don't be pressurised by the agencies. If you've been picked it will take awhile to find someone else so you've bought yourself a couple of days to get it checked. QDOS can do in 24 hours for a charge. Don't get greedy either. If it's not signed don't go in. You might not want to lose a days billing but if your contract falls over you could lose a whole lot more.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by northernladuk View Post
      The position is that there is a pillock on site without a signed contract. Don't start work without a signed contract. It's a pretty stupid thing to do.



      You've put yourself in an extremely difficult position. You have deemed to have accepted the last contract seen. They issued it so your acceptance is starting it. I am sure you can't send it back and say take that out and rock up and expect it to stand. The other half hasnt had chance to review or accept.



      Well signing the ******* thing would have been a good start. Yes there is QDOS, Baur and Cottral for a start. Many accountants do it as well but all that is irrelevant now. You are not going to get any changes in your favour made once you've started.

      You are a CONTRACTor. It would be a good idea to get that bit right before you start. Don't be pressurised by the agencies. If you've been picked it will take awhile to find someone else so you've bought yourself a couple of days to get it checked. QDOS can do in 24 hours for a charge. Don't get greedy either. If it's not signed don't go in. You might not want to lose a days billing but if your contract falls over you could lose a whole lot more.
      If i've implicitly signed by turning up, why would i need to sign it? there must be more to it than that.

      Comment


        #4
        Originally posted by captainjon View Post
        If i've implicitly signed by turning up, why would i need to sign it? there must be more to it than that.
        I was asked to sign an amended contract even though I have already signed another one and started working! Probably the pimp wants a better cut so he will try everything. What exactly do they want to change?

        Comment


          #5
          Originally posted by captainjon View Post
          If i've implicitly signed by turning up, why would i need to sign it? there must be more to it than that.
          Because its open to argument and speculation. Who's to say which copy you've seen? You doctor the copy you've seen and the agent doctors theirs. How is a court going to be able to decide which is the real one? I can't for one minute think why you think this is even remotely acceptable. You don't enter in to any other contract in life without signing it. You didn't both look at the document at your wedding and just walk off saying ah well we saw it.

          Implicit or implied agreement is to try and put some legal wrap around a poor situation to try and sort out arguments. It's not the proper way we should deal with contracts. They are enforceable if you take them legal but they aren't going to scare anyone in to action waving blank pieces of paper. Ideally you want to resolve it before going legal which is much easier to do with a signed contract. It all sounds OK to do it this way.... Until you need to to refer back to clauses in case of problems. At that point it's going to get messy.

          Try googling a bit to learn some more but whatever you learn don't start without a contract signed by both parties.
          Last edited by northernladuk; 20 November 2015, 01:37.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            http://www.brookson.co.uk/knowledge-...ng-a-contract/
            Last edited by northernladuk; 20 November 2015, 01:05.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #7
              Is this via am agent or direct? If you are with an agent how do you know if you are outside IR35 if you didn't get it checked. If it's a fail you've got some serious decisions to make.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                Originally posted by captainjon View Post
                Hi

                What's the position when you start work, during negotiation to change the contract that hasnt been agreed upon.

                I hear that there's an implicit acceptance by starting work, there's also an explicit communication that i reject some
                terms of the contract.

                So what are terms of any contract. Is there a recommended checking company for contracts here?

                thanks
                Some agencies will change even if you started working before signing the contract. Current agency did it for me with my current extension.
                I couldn't give two fornicators! Yes, really!

                Comment


                  #9
                  What changes are requested?

                  Comment


                    #10
                    Oh dear. For once, I'm not thinking NLUK is being too harsh on a newbie. Very silly behaviour.
                    Rhyddid i lofnod psychocandy!!!!

                    Comment

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