Risk Annoying Agent and Client By Delaying Start Due to Contract Review?

[ziggystardust]

Well update is that IR35 reviewer emailed me this morning to say that my contract review won't be completed until the end of today. I've contacted my agency contact to update them on the status advising that a start date of Wednesday and not tomorrow is more likely in case of any amendments. Strangely I've received an out of office reply - the guy won't be back until tomorrow anyway. Forwarded it on to one of his other colleagues. Not sure there's much more I can do at this stage as it seems the person who can amend the contract won't be in the office until tomorrow anyway! I think they are just expecting me to turn up, particularly as they have not even chased me over the last few days to get my contract signed. ..

[BlasterBates]

I would go in, sort it out when you're in the office. I don't see anything of sufficient importance to miss a days billing or p*** off the client.
You can still pressure an agency when you're on site, you don't have to sit at home holding the project to ransom. I would only do that in case of non-payment.

[SlipTheJab]

I would go in, sort it out when you're in the office. I don't see anything of sufficient importance to miss a days billing or p*** off the client.
You can still pressure an agency when you're on site, you don't have to sit at home holding the project to ransom. I would only do that in case of non-payment.

If you go in you can whistle for any contract amendments (its so urgent the pimp hasn't bothered getting in touch and has now gone on holiday FFS!) , once they owe you money their position would be all the more stronger.

[SlipTheJab]

Usual crap from agency. They dont care if the contract gets sorted or not. In fact, most of the time they'd rather it wasnt because if they can get you to show up then its a done deal and they dont have to listen to contract queries.

Gotta agree with PC on this one.

[psychocandy]

I would go in, sort it out when you're in the office. I don't see anything of sufficient importance to miss a days billing or p*** off the client.
You can still pressure an agency when you're on site, you don't have to sit at home holding the project to ransom. I would only do that in case of non-payment.

I must admit I thought this was a wind-up/sarcastic reply at first...

Can you bollacks!!! You can jump up and down and scream loudly but it wont make any odds..... You're on site its a done deal. End of.

Miss a days billing? Funny way to think of it. Surely its important to get the basics right first? Could cost you more than a days billing if you end up accepting a non-IR25 friendly contract because of this.

[GillsMan]

I must admit I thought this was a wind-up/sarcastic reply at first...

Can you bollacks!!! You can jump up and down and scream loudly but it wont make any odds..... You're on site its a done deal. End of.

Miss a days billing? Funny way to think of it. Surely its important to get the basics right first? Could cost you more than a days billing if you end up accepting a non-IR25 friendly contract because of this.

Obviously much better to sort the contract first, but of course you can negotiate when you're on site. In fact, it can be easier. I had this exact scenario once. I emailed the client/agency to advise that I was attending site without prejudice and that I hadn't accepted all the terms. Went in, client loved me as I started adding value on first day fixing a few of their long-standing problems. Knowing that the client loved me straight away, it was easy to negotiate with the agency.

True, had the agency not caved, I would have spent a day on site and probably not billed for it. But there is no way the client would have been happy if the agency had not caved and I walked as a result. Instead, contract was amended to my satisfaction and I continued billing. Not necessarily recommending this course FWIW, but you can definitely negotiate when you're already on site.

[FrontEnder]

Surely its important to get the basics right first?

non-IR25 friendly contract because of this.

Always important to get the basics right

OP - Psycocandy is spot on here though - by starting on site, you've accepted the contract. You've also completely lost any bargaining power for contract amendments and possibly any future negotiations.

Forwarded it on to one of his other colleagues. Not sure there's much more I can do at this stage as it seems the person who can amend the contract won't be in the office until tomorrow anyway!

You don't seem to be being very proactive here. There's loads you could be doing. This is your business and lively hood here. Sending a couple of emails isn't enough. You need to get on the phone and chase this up until you get answers.

As others have said, get in touch with the client, let them know the agency have gone quiet and you need to make these amendments before starting on site. Then get on the the agent and say you need to speak to someone today to get this sorted. Ask to speak to your contacts manager. If he's not available, aks for another manager or the next level up. They'll probably be getting a call from the client anyway.

Do it now FFS.

[psychocandy]

Obviously much better to sort the contract first, but of course you can negotiate when you're on site. In fact, it can be easier. I had this exact scenario once. I emailed the client/agency to advise that I was attending site without prejudice and that I hadn't accepted all the terms. Went in, client loved me as I started adding value on first day fixing a few of their long-standing problems. Knowing that the client loved me straight away, it was easy to negotiate with the agency.

True, had the agency not caved, I would have spent a day on site and probably not billed for it. But there is no way the client would have been happy if the agency had not caved and I walked as a result. Instead, contract was amended to my satisfaction and I continued billing. Not necessarily recommending this course FWIW, but you can definitely negotiate when you're already on site.

Hmm. Would suggest this is the exception not the norm though.

I mean fair play if you got client on side straight away but I'd imagine a lot of clients, if you went to them after a week saying big bad agency are doing this, have a word would roll their eyes and say not interested, can't be bothered, not my problem.

[BlasterBates]

I must admit I thought this was a wind-up/sarcastic reply at first...

Can you bollacks!!! You can jump up and down and scream loudly but it wont make any odds..... You're on site its a done deal. End of.

Miss a days billing? Funny way to think of it. Surely its important to get the basics right first? Could cost you more than a days billing if you end up accepting a non-IR25 friendly contract because of this.

Not true, complete nonsense, turning up on site is not a cart blanche as long as you haven't signed the contract.

You can always turn around and walk off site if the conditions are wrong.

You can send an e-mail to this effect before you turn up.

[BlasterBates]

Always important to get the basics right

OP - Psycocandy is spot on here though - by starting on site, you've accepted the contract. You've also completely lost any bargaining power for contract amendments and possibly any future negotiations.



You don't seem to be being very proactive here. There's loads you could be doing. This is your business and lively hood here. Sending a couple of emails isn't enough. You need to get on the phone and chase this up until you get answers.

As others have said, get in touch with the client, let them know the agency have gone quiet and you need to make these amendments before starting on site. Then get on the the agent and say you need to speak to someone today to get this sorted. Ask to speak to your contacts manager. If he's not available, aks for another manager or the next level up. They'll probably be getting a call from the client anyway.

Do it now FFS.

This is not true if you walk on site you have only agreed to the conditions that were communicated to you by the agent. You have not agreed to amendments, and you are perfectly within your rights to walk off site if conditions you are not aware of are suddenly sprung on you.

You can in any event send an e-mail to this effect stating your understanding of the "unknown contract" conditions. The agency would be obliged to refute it, if they don't your conditions stand, when you set foot on site.

Contracts are a two way street, and you have no advantage sitting at home as long as you communicate your intentions to the agency.