Agency Politics....

[Dougie800]

Right so I applied for a role roughly 2 months ago now and only within the last 2 weeks have secured the role (I think). Apparently the rate I applied for was reduced due to budget restraints and I was informed of this before interview - really don't trust the agency so not sure if they bulltulipting me. I was fine with this anyway and went to interview, upon being informed that I was successful at interview I decided to negotiate. I managed to get slightly higher than the new reduced rate but still not the original rate.

I would be commuting from Yorkshire and staying Mon to Fri in London so I have had to secure accommodation which has been very difficult.

The issue is I have realised that I still do not have a formal contract and my start date is fast approaching. They had sent me an offer email initially and I wondered if this is a legally binding agreement even though I do not have the formal written contract yet? The email is titled OFFER EMAIL and only states my day rate along with congratulating me on my new role and asking me to confirm by return of the email on behalf of my limited company that I accept the proposed contract terms prior to entering into a formal written contract which will be supplied shortly.

I am just hoping that the offer is not withdrawn as I have no idea what is taking so long for the written contract to be sent to me. I have already secured accommodation in London and put down a deposit for 6 months based on this `offer email` and the agency reassuring me that the written contract will be sent shortly.

Do I have any rights if the offer is pulled or even delayed further? I was supposed to start last Monday and my agency reassured me that we were on track to start then but it has been delayed by a week so I have basically paid one weeks rent in London for no reason.

Please advise what to do in this situation.

Thanks in advance.

[northernladuk]

Check the Welcome/FAQ section. There is a sticky in there explaining how to search the forums. Use that and a look for something like 'start without contract'. There are a ton of threads about people not getting contracts in time or asking what to do in your situation. We also have one that we were discussing this week where the guy was supposed to start this week and the start date passed.

You'll probably find more information in those than you'll get from us going over it yet again.

[GillsMan]

My advice to this OP is different to my advice in the thread that NLUK mentions. In the other thread, the OP had the contract but was negotiating a few clauses - I was in the minority, but argued that he could start on site as long as he was clear that in doing so he wasn't indicating acceptance of the terms.

This case is different. Partly because of the distance between OP's home and the client location. I'd definitely be chasing for the contract - reminding them I need to get it reviewed - and wouldn't be stepping foot on site until I received the contract.

I really think that securing rent in London for 6 months before even starting on client site was a big mistake. This contract could be pulled at any point, and you have no rights to claim anything from the client. What you should have done (appreciate it's a bit late now) is book temporary accommodation first - hotel or something, and only once you've gotten your contract - and then get a feel for the place. You can never guarantee anything, but I would say within your first two weeks to a month you should get a feel as to whether the project is one that is likely to be canned halfway through. Only then should you look to put money down on a semi-permanent base IMO.

[northernladuk]

Indeed but in most posts the advice is to lean on the agent heavily and tell him you won't be in on the first day unless you have X days visibility of the contract. The thread I was thinking about if we are talking about the same one was evidence of the crap you can get in if you don't push it.

[VillageContractor]

Keep looking for other contracts until you have a signed contract. I wouldn't put yourself at a huge financial risk without a signed contract.

[Dougie800]

So with regards to the offer email, is this not binding even though I accepted via email on behalf of my ltd company?

[northernladuk]

So with regards to the offer email, is this not binding even though I accepted via email on behalf of my ltd company?

It might do in front of a judge if you follow the letter of the law but as a method of accepting a contract between two parties it's pretty poor and should anything go wrong it will end up in a horrible argument which is what the contract is supposed to avoid.

Assume you have nothing and push for wet signatures from both parties.

How can you get your contract checked for terms and IR35 unless you've got one to sign anyway?

[LondonManc]

The offer email is not binding - just say that you accept the offer subject to contract (as you would a house sale).

If there are contractual terms that are particularly abhorrent, then you can refuse to sign it; note that you shouldn't (or may not be allowed to) be on site without a contract in place, irrespective of whether it is signed or not.

Once you confirm the offer, they'll start the vetting process.

Depending where you are working in London, there are options for accommodation.
Happy to PM you with advice to save taking this thread off topic.

[VillageContractor]

It might do in front of a judge if you follow the letter of the law but as a method of accepting a contract between two parties it's pretty poor and should anything go wrong it will end up in a horrible argument which is what the contract is supposed to avoid.

Assume you have nothing and push for wet signatures from both parties.

How can you get your contract checked for terms and IR35 unless you've got one to sign anyway?

Would you purchase a house with an email?

I doubt it. I'd cancel your accommodation until you have a contract.

Personally I wouldn't commit to a 6 month rental agreement until I'd spent a few weeks at the client to make sure the job was what they said it was.

You should get a hotel for the first few weeks.

[quackhandle]

I have already secured accommodation in London and put down a deposit for 6 months based on this `offer email` and the agency reassuring me that the written contract will be sent shortly.

I wouldn't have put down six months deposit, lots of things can happen to terminate your services with client, so sometimes it's best to get a hotel for a week or two until you know things are a little more solid. (not forgetting client can always walk you out the door as they see fit).

Steep learning curve this contracting lark ain't it? Good Luck.

qh