Agency Being Awkward

[SueEllen]

I actually agree with BolshieBastard the terms he used don't make any sense.

If you are going to be arsey make sure the terms you use make logical sense and your actions follow this statement. So don't give a list of agencies and direct clients if you are claiming that the company you are the director of is also your employer.

Also OP be aware that in England and Wales even if you don't sign a contract but start working on it then your actions show you have agreed to the terms of the contract. On the other hand if the agency refuses to sign the contract, but engages with you and pays at least one invoice for your services they have agreed to the terms of the contract. This is why posters on here advise you not to start providing services for a contact unless you are happy with the contract terms.

[northernladuk]

He just has to turn up and start work and the agent is also bound? Doesn't have to go as far as invoicing for the contract to be in place surely?

[SueEllen]

He just has to turn up and start work and the agent is also bound? Doesn't have to go as far as invoicing for the contract to be in place surely?

Nope.

The agent has to show that s/he agrees to the contract.

If the agent doesn't engage with the contractor who starts providing service to the client then there is no demonstration there is a contract in place. The easiest way is email conversation or payment of invoice.

[northernladuk]

Nope.

The agent has to show that s/he agrees to the contract.

If the agent doesn't engage with the contractor who starts providing service to the client then there is no demonstration there is a contract in place. The easiest way is email conversation or payment of invoice.

Hmmmm.. That's not what I thought. Interesting.

[SueEllen]

Hmmmm.. That's not what I thought. Interesting.

There was a contractor who posted on here a while ago who didn't get an extension agreed with the agent. He went in anyway and posted here because the agent wouldn't pay him.

[northernladuk]

There was a contractor who posted on here a while ago who didn't get an extension agreed with the agent. He went in anyway and posted here because the agent wouldn't pay him.

I think the devil is in the details though. If he has evidence the agent has agreed it would be enough? Did the contractor in question get anything saying yay or nay?

[TykeMerc]

I think the devil is in the details though. If he has evidence the agent has agreed it would be enough? Did the contractor in question get anything saying yay or nay?

It's reasonable to assume that if the Agent issues the contract they agree to it by default unless they withdraw it.

[BlasterBates]

Verbal agreement is a contract.

So if you agree with an agent over the phone and it's agreed, you have a contract. In this case a contract was in place. That's pretty clear.

Now obviously without a written contract it's harder to prove the details but it would be foolish to deny it as the agency informs the client and the contractor is turning up to work. Either party denying will not be credible. Naturally the details can be denied easily, eg the rate or termination clauses, though agreeing terms and conditions even verbally and then denying them is commiting a criminal offence, though obviously you need evidence if it were to be followed up. What is acceptable is denying payment for a reason or refusing to carry out the contract because the contractual conditions haven't been fulfilled, as long as it isn't totally stupid.

If there's an e-mail or recorded telephone conversation or a witness then that would normally be sufficient.

[SueEllen]

You can't record people on the phone without their permission if you want to use it in court. You can however record someone and make notes from it. You should always include a description of their tone of voice.

If they then argue about how they said it, the judge will listen to the recording for tone of voice.

[SueEllen]

I think the devil is in the details though. If he has evidence the agent has agreed it would be enough? Did the contractor in question get anything saying yay or nay?

I would have to hunt for the post but it was a contractor who didn't have any paperwork or evidence from the agency there was an extension.