Extra Work Outside of a Contract

[simons]

I've just done a few weeks work for a client through an agency with the usual clause in our contracts stating that they can't hire me directly for a few months afterwards.

The contract finished last week but I did an extra half day "one off" for them yesterday on another project. Neither of us want to upset the agency by cutting them out but we'd also rather avoid the hassle getting a new contract drawn up etc. just for the sake of half a day (not to mention the fact that my umbrella company charge me 20 quid for every week they invoice).

Can anyone see a way around this? If the client bought me a gift to the value of the work done would that still count as payment, thus breaking the contract?

I'd like to stress that this is very much a one off situation and I have no intention of doing anything legally questionable! If there's no other way around it then we will of course go through the agency.

Thanks in advance
Simon

[Bluebird]

I've just done a few weeks work for a client through an agency with the usual clause in our contracts stating that they can't hire me directly for a few months afterwards.

The contract finished last week but I did an extra half day "one off" for them yesterday on another project. Neither of us want to upset the agency by cutting them out but we'd also rather avoid the hassle getting a new contract drawn up etc. just for the sake of half a day (not to mention the fact that my umbrella company charge me 20 quid for every week they invoice).

Can anyone see a way around this? If the client bought me a gift to the value of the work done would that still count as payment, thus breaking the contract?

I'd like to stress that this is very much a one off situation and I have no intention of doing anything legally questionable! If there's no other way around it then we will of course go through the agency.

Thanks in advance
Simon

By you working you've broken the terms of the contract regardless of how you're paid - best to keep quiet.

If you are using an umbrella, get them / or yourself to invoice the client for the extra work - if you are still working now you should be able to lump the two invoices into 1 week and not incur the extra £20.

[beercohol]

Interesting conundrum. Been there before. It boils down to your conscience.

But thats not a helpful answer, so how about this:

I would view the clause in your contract as anti-competitive as there can be no restriction on trade for a free market economy. Convinced by this moral argument, I would judge the clause unenforceable, frivolous and vexatious (powerful lawyer terms). Then I would disregard them.

Then I would calculate that to take you to task over this, the agency has a huge administrative battle on its hands. It won't be worth it to them.

Now of course, I could be wrong about my judgement, and many others would argue that I am still bound by what amounts to a contractual commercial agreement. However, stuff that. We are not drones. We are reasoning beings. We are principled and couragous. Plus we live for 80 years only, so lets make our mark while we're here. So, might as well stand up for what we believe in.

Boom.

[ChimpMaster]

Just speak to the agency or uimbrella and (after agreeing with client first) tell them that you made a mistake on your last timesheet and that there is an additional 0.5 day to add.

Either that or walk out with a monitor and flog it on eBay.

[MrRobin]

If it is just half a day, and you're not hard up, why not just say to the client that they needn't worry about payment for this work this time... they'll be extremely impressed and will surely think of you in times to come when they need more work. Plus you could then probably ask for a higher rate since they will love you so much. Obviously this is only a good option if you thjink there is a strong possibility of more work.

[simons]

Just speak to the agency or uimbrella and (after agreeing with client first) tell them that you made a mistake on your last timesheet and that there is an additional 0.5 day to add.

Genius! I haven't got around to sending off my last timesheet yet what with the postal strikes and me repeatedly forgetting to buy stamps.
I'll just stick the extra half day on there then

Thanks to everyone for your suggestions.

Simon

[TheFaQQer]

Can anyone see a way around this? If the client bought me a gift to the value of the work done would that still count as payment, thus breaking the contract?

I'd like to stress that this is very much a one off situation and I have no intention of doing anything legally questionable! If there's no other way around it then we will of course go through the agency.

If the client buys you a gift, then you need to declare it as a BIK. Nothing to stop you doing that.

You've already broken the contract, so you either need to go via the agency, or go the gift route. Since you are through an umbrella, it's no difference than getting cash, but it needs to be declared as a benefit anyway.

IANAA

[kirk]

surely not? If I am given the "gift" of two tickets to a football match by a client (if only ) that need not be declared, or?

[NotAllThere]

Yes it needs to be declared.

I'm with MrRobin on this one. Waive the payment.

Or you could try this: get paid cash/cheque. Write to the agency, telling them that you just got paid direct for half a day, and, not wanting to be in breach of contract, you're enclosing a cheque for the commission. ( You work that out be deducting the amount you'd normally be paid by the agency, from the amount paid by the client ). When you fill in your tax return, declare the payment .

[TheFaQQer]

surely not? If I am given the "gift" of two tickets to a football match by a client (if only ) that need not be declared, or?

Of course you do. Otherwise, rather than being paid, you would get a "gift" of some shopping, some heating, some phone calls, etc etc and not pay any tax on it.

It's a benefit that you got from being in work, therefore it needs to be declared and tax paid on it.