Start Without Contract

**Cowboy Bob** · 22 February 2007, 18:18

If you start the gig, you have already implicitly accepted the terms of the unaltered contract and not only do the agency not have to agree to any changes, but even if they do they will be void.

**Diestl** · 22 February 2007, 22:00

Originally posted by Sockpuppet

Mean to start on Monday and havent got contract yet. If I get it tommorrow and I need stuff changing then is it possible to notifyt he agency that I am starting but do not accept the terms of the contract.

The main point I know I will want removing is - not being allowed to work for the client for X months after the contract finishes.

As I have already worked at this office before through another agency but wasnt contracted to this company I was there at the request of the company that I was contracted to. They already know about me so could offer me direct work which they have done in the past.

Does already having worked there make thier condition of "introducing me" null and void?

Phone them and ask them before you start on Monday.

**thunderlizard** · 22 February 2007, 23:20

Why are you letting somebody else write your contract for you? Asking for trouble in my opinion.

And why so keen to start on Monday? make sure you know what you're getting yourself into before you turn up on site I reckon. Plus people tend to speed things up when they realise no work can start until they've done their bit.

**Sockpuppet** · 22 February 2007, 23:54

I'm using the agencies standard contract. They are PCG Affiliates and the PCG have said the contract is a good one for IR35 ness so thats why I am using it.

**XLMonkey** · 23 February 2007, 10:10

You should write a letter to the agent setting out that you are starting work on the following basis:
- use of the agreed contract template with the following amendment: the restriction on subsequently working for the client to be removed.

and explain in the letter that this is because you have an established relationship with the client (having done work for them before), so the agent has not acted as an introducer to the company.

Re. the legals - the contract is whichever one was most recent at the time that work commenced. By writing the letter, you are making your interpretation of the contract "more recent" than the agents one. Hence, you must send your letter before you start work (since, as one of the previous posters stated, if you start work without covering yourself then you are accepting the standard terms and conditions of the agents contract).

**oraclesmith** · 23 February 2007, 11:02

If you don't get this sorted before starting, then you could think about invoicing based on standard ad-hoc consultancy T&C's. The fact that they've asked you to do the work means that once you've done it you can charge for it on standard conditions on sale, regardless of whether you have signed a longer term contract. eg. a barber doesn't get you to sign a contract before they cut your hair! You need to get hold of typical T&C's though.

This is another pointer to outside IR35 too, as you're taking a modest risk of not being paid for your work, whereas an 'employee' will require a proper (employment) contract to bind them to their employer.

You might be able to get away with this mode of working until you get your way!

As always, in my humble opinion.

**BOBJ** · 25 February 2007, 14:13

I've just had my contract extended, meaning that from Monday I'm on the new contract. However, aforementioned document has not been sent by the monkey's at Hays IT. I've told my client I'll turn up when they get their preferred supplier i.e. Hays to pull their finger out. In the meantime, the weather is nice and I'm on holiday. When it does arrive I'm tempted to tell them to revise the start date in line with when I actually start. That should take another week. I'd hate to have to deal with an un-preferred supplier, although having dealt with this shower too many times over the years I'm struggling to see how anyone else could be worse.

Start Without Contract