Due to start on Monday - haven't seen a contract yet

[Dark Black]

Due to start a new contract on Monday but I have not yet received a copy of the contract from the Agency. I'm a bit concerned about this as I wanted to get it checked for IR35 prior to starting work.

I do realise of course that the contract is only part of the story with regards to being clear of IR35 and that actual workplace practices are also a large factor however I'm concerned that if I start on Monday without sight of the contract and it later proves to fall within IR35 that I will have trouble getting it altered. Has anybody else found themselves in this situation?

I should mention that I have previously contracted before but that was under a pukka umbrella company (not an MSC) and as such was fully PAYE. This is my first contract operating as a limited company and I do of course want to try an ensure that I can operate outside IR35.

[malvolio]

No contract, no job, No start.

Monday morning tell the client you aren't coming in becuase you haven't had a contract and then tell the agency the same thing. Be prepared for a loud yell from both parties.

If you do start, whatever Ts&Cs are on the agency's default contract will apply, and you probably don't want them.
It's sod all to do with IR35. The agency's default might be only to pay on the third Wednesday of a month with an F in it and you wouldn't be able to argue. You're a business now, think like one.

[Kyajae]

No contract, no job, No start.

Monday morning tell the client you aren't coming in becuase you haven't had a contract and then tell the agency the same thing. Be prepared for a loud yell from both parties.

If you do start, whatever Ts&Cs are on the agency's default contract will apply, and you probably don't want them.
It's sod all to do with IR35. The agency's default might be only to pay on the third Wednesday of a month with an F in it and you wouldn't be able to argue. You're a business now, think like one.

I'll second that. No contract, no start. No business I can think of would enter into an arrangement without contracts being agreed and signed.

[Dark Black]

No contract, no job, No start.

Indeed, thanks for the advice. I was thinking the same thing but is always good to get other informed opinions.

I am worried that it may sour the relationship with client before I've even started though - I'll have to choose my words carefully.

I should mention that part of the delay (apparently) according to the agent, is that they were waiting for my company details (only got setup last week) however I had asked they send me a sample copy of their standard contract in the meantime - which they have not done.

[malvolio]

You need to phrase your first call - to the client - with a bit of care. "I'm terribly sorry, but I have not had even the sight of a contract yet and am unwilling to enter a commercial arrangement of which I have no visibility" or something along those lines. You are the wronged party, the agency is the amateur screwing everyone around. End of discussion...


Then the only thing that gets soured is the relationship between the client and the agency. And if the client has a problem with a supplier - you - not wanting to start work without a valid and agreed contractual nexus, you're probably better off without them anyway.

[Vito]

When I was buying in pro services for a major corporate I would often get companies to start a day or two before having a contract in place...and in some cases we are talking about the top consultancies...this was just because the procurement process was such a nightmare...yes the companies were taking a gamble, but it was a calculated one for them...

I was recently in this exact position...I went in on the Monday and explained to both parties that if I was not in posession of a satisfactory contract by close of play then I would not be back in on the Tuesday...and it all worked out fine.

Worst case scenario was that I wouldn't have got paid for the Mondays work...but as I was otherwise going to be sat on my arse earning nothing anyway then I didn;t really think I had anything to lose.

If I hadn't gone in, worst case scenario would have been that they'd have found someone else that would have been prepared to take the gamble and I would have missed out on a very rewarding gig.

So out of the two worst case scenarios...going in was better!

[thunderlizard]

Malvolio is absolutely right on this one. Most of my contracts used to start off in this way.

I can tell you from experience: once people realise they aren't going to get any work out of you until they sort out the contract with you, it's amazing how quickly things happen! I'd be very surprised if you end up starting later then Wednesday.

But yes you do have to be very clear and professional about it. There are shoddy contractors out there and you don't want to be mistaken for one of them.

[Buffoon]

If you don’t have any sort of paper work stating that you should be there then do not touch the, still potential, clients equipment or even enter their premises. If the great maker chooses that moment for you to have an accident then there is no insurance company that will pay out because you should not have been there.

[mictech]

I wouldn't worry about not having a contract for upto the end of the play of next week. It will give you time to scope out the gig, work out how the working pratices stand with IR35 and if you hate it you can walk away no strings attached or sting them for more money to stop you walking out.

[malvolio]

Genius. Why didn't I think of that. Turn up, thereby legally accepting contractual conditions you haven't seen, not have any guarantee you'll even get paid and piss off when you decide you don't like it. Very professional.