Not Received Contract 2 weeks.

[mark271]

Hello all,

After reading these forums and talking to a friend who is already in contracting I decided that I wanted to give it a go. I handed in my notice before getting a contract and started applying for contract roles. I finally managed to get a contract role on the Thursday and the job started Monday. As this was so quicky set up I had not set up my limited company or anything so I started to do this on the Thursday but was not completed until Tuesday. I started the contract on the Monday without seeing or signing the contract. As this was my first contract and needed to start contracing I did not want to lose the contract I decided this was the best option. I have now been working for the client for two weeks and I have still not received the contract. The first week he said he was ill so was unable to send it to me and would get it posted this week. I have still not received it this week. Going to phone the agency again on Monday and ask when I am going to reveive the contract if I dont receive one soon I am going to send them my own. I have spoke with the agency and they say their contracts are as IR35 friendly as possible but could I still get the contract reviewd and changed even though I have been working for 2 week or have I now accepted the contract with working. I guess there is currently a verbal contract which indicates the rate that I am getting is this all.

Thanks for your help.

Mark.

[SueEllen]

Do you have anything in email that states your rate?

Do you have indemnity insurance?

[mark271]

Nope I have nothing in email and I have not currently set up any insurnace. I am going to sort out insurance later this week.

[thunderlizard]

An interesting situation. If you had seen the contract, and started working, then you'd be deemed to have accepted it. But I don't think you can be deemed to have accepted a contract you haven't seen. What courts like to do (not that it'll come to it) is to infer a contract based on how you've been working and the realistic expectations of both parties. I would guess that if you did get sent a contract, and you kept on working, that would count as an acceptance.

You are dead right to have told him you'll work to your own terms and conditions in the absence of their contract.

Agencies always say their contracts are IR35-safe but they frequently aren't. You're right to get it independently reviewed, and you should probably warn the agent that you'll 'down tools' while it gets made OK, if it needs it.

Your problem is that you've already started generating a revenue stream for the agent, so doing the admin for you isn't going to be a high priority for them. Threatening to stop that stream will set them into action.

[SueEllen]

Nope I have nothing in email and I have not currently set up any insurnace. I am going to sort out insurance later this week.

A trick I've been told by a lawyer is that emails count a legal documents if your name and the recipients name can clearly be identified in the email.

So it may be a good ideal for you to email the agent stating the terms you verbally agreed to and ask for the contract. If you can get at least an out of office reply then they have got the email.

If you still don't get the contract then you need to work out as thunderlizard states how to threaten the agents revenue stream.

[mark271]

I dont think the money side of things is going to be a problem as he has already told me to invoce him. I have not done this yet becuase I have not received my Vat number. It will just be easier to once I receive that to invoice. So I can still get the contract reviewd and changed if required that is good to know thanks for you replies. I do have an email that says to fill in my time sheets and send him an invoice.

Mark

[minstrel]

I dont think the money side of things is going to be a problem as he has already told me to invoce him. I have not done this yet becuase I have not received my Vat number. It will just be easier to once I receive that to invoice. So I can still get the contract reviewd and changed if required that is good to know thanks for you replies. I do have an email that says to fill in my time sheets and send him an invoice.

Mark

Best to invoice them now without adding VAT with "VAT Number Applied for - VAT invoice to follow" written clearly on the invoice. Then send them a VAT only invoice for the VAT that should have been paid when you get the number through.

VAT numbers can take a long time to come through - they were taking several months last year.

All the time you have uninvoiced work you are carrying the risk that it won't get paid. Agencies can and do go bust.

[Harrysp]

VAT numbers are only taking a week or so to come through, applied for a new one on the 4th received it on the 14th.

[FiveTimes]

VAT numbers are only taking a week or so to come through, applied for a new one on the 4th received it on the 14th.

That's quick... mine took best part of 5 months to come through. Maybe they have improved the system.

I would still invoice like minstrel said and put VAT No. pending.