Starting work without a contract?

**pmeswani** · 22 March 2009, 16:14

Originally posted by floehopper View Post

I'm a newbie contractor, so sorry if I'm asking a dumb question.

I've agreed (but not signed) a 4-week contract. They want me to start work immediately , but I've only just received their draft contract. I think I need to make some modifications/additions to the contract - both for IR35 purposes and to make it a little less one-sided. Ideally I'd like to get it reviewed by a lawyer.

Do you think I'd be better (a) off starting work without a contract and then signing an improved one in a couple of days time; (b) signing the existing contract as is, and then signing an improved one in a few days time; or (c) refusing to start work until the contract is sorted?

Which is the least worst option? I do have reasons to trust that the client will behave reasonably, but I suppose I shouldn't be too naive. Maybe the client won't be prepared for me to do (a) or (c) in which case I'll have to do (b)...?

Also can anyone recommend a good, fast contract review service? Will they point out anything other than IR35 e.g. one-sided clauses?

Thanks.

This topic has been done to death. From my understanding is that if you start a contract, then you have deemed to have accepted the contract, even though you haven't signed it, or seen the final version. If I were you, I would send it over to an IR35 specialist immediately and tell the agency that you can't start until you have had the contract reviewed and that you are happy with the T's & C's. If they are not happy with that, then you could always tell them to find another contractor to take on the role.

HTH.

**Turion** · 22 March 2009, 16:26

What is the problem with the contract? Is it so bad that working the 4 weeks will make you worse off in the long run. If so please explain?

PS: On a 4 weeker IR35 is a non-issue.

**floehopper** · 22 March 2009, 16:58

Regarding the contract, I think the main issue is the lack of a right of substitution clause.

Can you explain in what sense IR35 is a non-issue for a 4-week contract?

Thanks.

**BrollyBonce** · 23 March 2009, 10:29

Originally posted by floehopper View Post

Can you explain in what sense IR35 is a non-issue for a 4-week contract?

Well, you're hardly a disguised permie!

**pmeswani** · 23 March 2009, 10:39

Originally posted by floehopper View Post

Regarding the contract, I think the main issue is the lack of a right of substitution clause.

Can you explain in what sense IR35 is a non-issue for a 4-week contract?

Thanks.

Whilst I agree with what the other posters have said, if you are not happy with the contract prior to review, then don't go onsite to the client until it has been reviewed, otherwise you will have deemed to have accepted the contract even if it is not signed.

**TheBigD** · 23 March 2009, 10:48

If it's only a 4 week contract, then (i'm guessing) the value would fall inside what you pay yourself PAYE, and so it wouldn't matter whether the contract was inide or outside IR35.

**EternalOptimist** · 23 March 2009, 11:05

for 4 weeks, its not worth working up a sweat. Do the work get the dosh and forget it.

good luck newbie person

**MPwannadecentincome** · 23 March 2009, 14:29

Originally posted by pmeswani View Post

Whilst I agree with what the other posters have said, if you are not happy with the contract prior to review, then don't go onsite to the client until it has been reviewed, otherwise you will have deemed to have accepted the contract even if it is not signed.

WHS

4 weeks may be short enough to take the risk - but if they want to extend they will not want to change the terms as you had basically accepted them in the first place.

**HairyArsedBloke** · 23 March 2009, 15:01

Don’t start anything, especially going onto a client’s site, without a contract. You are not covered by anybodies insurance for a start and they could refuse to pay you. At least get some form of document (like a purchase order?) if you do decide to go ahead without an agreed contract.

Starting work without a contract?