Amendment of Contract without my knowledge

[anthony]

Hi guys,

Okay so on Thursday i received a phone call from my agent saying that my contracted hourly rate has been amended to 40hrs pw rather than 37.5 because of an apparent role change. Now i was orginally brought on for project A but 3weeks into project A this got moved so far right there was no work so the comp redeployed me onto project B - this was ~5 months ago.

The question here is; are they - they being the agent/company - able to amend contracts like this with my consent or me resigning any paperwork. I have been constantly ringing the agents for updates, but they either say there is no update or don't ring me back.

It also turns out that an apparent acceptance of this new amendment was agreed on Monday 25th ( this bank holiday!) clearly I was not in work and probably nor was anyone else. But no-one can show me anything saying I agreed this, its just within the system the company uses.

Where do I stand on this? My thinking is, as far as I am concerned my original terms still stand until paper work is signed.


Cheers for any help.

[SueEllen]

Now you know about the amendment you must immediately send an email to to the agent stating whether you agree or disagree. I would also add in the email that it was a non-working day so you were not available to discuss anything.

If you continue to work without doing this, then it's deemed you agree regardless of whether you sign something or not. This is because English law looks actions when there is no clear contract.

So if you disagree you need to point this out otherwise by continuing to work in the knowledge that the agent and client changed your contract means you also agree.

[anthony]

If you continue to work without doing this, then it's deemed you agree regardless of whether you sign something or not. This is because English law looks actions when there is no clear contract. .

hmm very interesting, did not know about that. Rather strange though. So I have made myself very clear that I did not accept the new amendments and the agent was going back to the comp to discuss my changes I requested.

In the mean time, by turning up on work on Monday, would this deem as accepting their initial proposed amendments even though Ive said no

[BlasterBates]

hmm very interesting, did not know about that. Rather strange though. So I have made myself very clear that I did not accept the new amendments and the agent was going back to the comp to discuss my changes I requested.

In the mean time, by turning up on work on Monday, would this deem as accepting their initial proposed amendments even though Ive said no

No you've rejected the terms, so in effect you continue on the same terms as before.i.e. work next week and just do 37.5 hours as agreed. Your old contract still stands.

Just need to argue this through with the agency.

I would continue to go into work. Staying home just loses you revenue. Sounds more like a bureacratic cock up than some serious issue.

[SueEllen]

hmm very interesting, did not know about that. Rather strange though. So I have made myself very clear that I did not accept the new amendments and the agent was going back to the comp to discuss my changes I requested.


In the mean time, by turning up on work on Monday, would this deem as accepting their initial proposed amendments even though Ive said no

Did you make it clear you rejected the terms in writing OR record your phone call saying that to the agent?

If the answer is "No" to both then you don't have any proof so you need to send an email pointing out when you said it and what the agent's reply was.

Either way you still need to put in writing stuff about the bank holiday Monday. Make it polite but you need to point out the agent was up to a dirty trick.

Basically if these goes nasty, you want to be able to protect yourself and having proof (though you can't play the recording back to anyone you need to write up notes from it and save the recording) is what you need to have.

And yes stay at work doing your 37.5 hours.

[anthony]

Many thanks for all the input into this. It does seem like the agency is up to dirty tricks, which isint really nice of them, oh well.

Okay, well we will see what happens tomorrow.

Also forgot to ask, if the terms are accepted, what paper work would need to be signed etc?

[SueEllen]

Many thanks for all the input into this. It does seem like the agency is up to dirty tricks, which isint really nice of them, oh well.

Okay, well we will see what happens tomorrow.

Also forgot to ask, if the terms are accepted, what paper work would need to be signed etc?

A new contract, or a document signed and dated by both parties showing what clause number in the main contract has been updated.

[TheFaQQer]

Where do I stand on this? My thinking is, as far as I am concerned my original terms still stand until paper work is signed.

You are correct - they cannot unilaterally change the contract terms. If you don't want to accept the new terms, then tell the agency in writing that you are not accepting them, and see where it goes from there.

[LondonManc]

Are you declared as inside or outside IR35?