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Contracting direct with no contract in place?

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    Contracting direct with no contract in place?

    I have a client who wants me to start without giving me an actual contract beforehand, i have email assurance that when they draw it up eventually it will meet the agreed rate/hours, obviously i want to check it to make certain that it is IR35 friendly.

    So what should i do? I have worked directly before but that was only for a few days this would be for longer.

    Any words of wisdom please?

    #2
    If they were a new client I wouldn't do it, for general business safety of which IR35 is only a tiny factor. You should be drawing up the contract, since you're the supplier. If it were me (and it has been), I'd get a contract written up, sent to the client for review, and wouldn't start work until everything was agreed and signed.

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      #3
      Originally posted by grey_lady View Post
      I have a client who wants me to start without giving me an actual contract beforehand, i have email assurance that when they draw it up eventually it will meet the agreed rate/hours, obviously i want to check it to make certain that it is IR35 friendly.

      So what should i do? I have worked directly before but that was only for a few days this would be for longer.

      Any words of wisdom please?
      In this scenario, I have a set of standard terms and conditions and ask the client to send me a purchase order for xx days or xyz project, stating on the PO that they agree to my T's & C's.

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        #4
        Originally posted by grey_lady View Post
        I have a client who wants me to start without giving me an actual contract beforehand, i have email assurance that when they draw it up eventually it will meet the agreed rate/hours, obviously i want to check it to make certain that it is IR35 friendly.

        So what should i do? I have worked directly before but that was only for a few days this would be for longer.

        Any words of wisdom please?
        Does the e-mail state what the rate is etc...

        The e-mail can be taken as a contract. A verbal "yes you can start tomorrow" is a contract just wrritten down they have a lot more power.

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          #5
          Get your own contract in place - PCG one, for example.

          Send it to them, then start work - this will be the contract in place when you start.
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            #6
            Thanks for the replies - i cant see them signing a standard contract that i send them as they are in the process of drawing up their own. The email i have from them does state rate, hours and contract length.

            Comment


              #7
              if you start and for whatever reason you dont like the terms you have no levy to change things.

              How likely is it that they will not take you on if you dont start on there stated start date?

              I'd simply say, no contract no work. It'll get them to up there effort and get a contract to you asap.

              Your a business, from past experience end clients want things yesterday, then you arrrive and you dont have a desk or anything..

              tell them to wait and send a contract unless they wish to accept you contract terms that you attach, they'll grumble but its their fault
              The proud owner of 125 Xeno Geek Points

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                #8
                It's a bit dubious. What you don't want is to be obliged to accept terms you haven't seen yet. So if it was going to be a month before they sort out the contract, then make it clear that the initial no-contract agreement is just for a month and they can negotiate with you for another agreement with contract starting at the end of that month.

                That's what I'd try and do.
                Will work inside IR35. Or for food.

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                  #9
                  Originally posted by grey_lady View Post
                  Thanks for the replies - i cant see them signing a standard contract that i send them as they are in the process of drawing up their own. The email i have from them does state rate, hours and contract length.
                  Doesn't matter if they sign it or not - if this is the contract that is in place when you start work, then that's the contract whether it's signed or not.
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