Opt In/Out again !!!!!!!

[Turion]

By working there without an agreed contract, you accept the contract that was sent across by the EB last time, i.e. one on a lower rate.

If the EB wanted to argue it, they could. So your advice is effectively to work on a contract at a lower rate. Genius.

No, I have emails correspondance confirming any offers. This would state the agreed rate. I presume that this would be the case in most circumstance. Less satisfactorally a verbal contract could be cited, but that is sloppiness by the contractor. If the agent did not fix it, then it's BOC by them and you have a choice to walk or try going direct, find another contract, suck it and see etc.

Walking off site is guaranteed to at lose you money, and possibly the contract, when in most circumstances this is a simple admin error that can be sorted without noise.

Thankfully rootsnall has made the logical decision to sort it without the drama you lot advocate. I'm sure that he will inform us of the outcome.

[TheFaQQer]

No, I have emails correspondance confirming any offers. This would state the agreed rate. I presume that this would be the case in most circumstance. Less satisfactorally a verbal contract could be cited, but that is sloppiness by the contractor. If the agent did not fix it, then it's BOC by them and you have a choice to walk or try going direct, find another contract, suck it and see etc.

Walking off site is guaranteed to at lose you money, and possibly the contract, when in most circumstances this is a simple admin error that can be sorted without noise.

Thankfully rootsnall has made the logical decision to sort it without the drama you lot advocate. I'm sure that he will inform us of the outcome.

The only contract in existence is the one that takes precedence when you start work. In this case, this is the one with the wrong rate. Having a few emails that can be defended as discussion rather than anything legally binding will get you nowhere.

If the EB wanted to, they could insist that this is the rate that they pay, because "you started work there". Unlikely, but it could happen, which is why I would always advocate informing the client that there isn't a valid contract in place, and not working there. It might cost one day of income to the company, but it could save a lot of long term grief and argument when legally you are in the wrong.

Part of managing your risk is what being a real business is all about. I would rather lose a day of income than reduce the income to the company over a longer period.

[Turion]

If you walk off site it leaves you losing money and to potentially being replaced. In the end the client does not care for the contractor. He is paying the agency to supply someone. It will be your word against the agency. Client should not be involved. If he see's you as unreliable he will ask for a replacement. Remember the agency will have a business relationship with the client. They can terminate and replace you at will.

As I said earlier, in 99% of cases this will be resolved amicably, so not issues. If not, you can go your own way. Take it or leave it. In this situation I would probably start looking for a new contract whilst still working at the site, and then leave when something else came up. 100% Cash flow is maintained.

[The Lone Gunman]

Turion: When the judge asks if you had a contract in your hand when you sat down to work what would your answer be?
When s/he then asks what was the agreed rate (and other terms) stated in the contract what would your answer be?

The contract you have in your hand is the one you are agreeing to if you start work. If you dont have one then your emails and verbal agreements are evidence. Starting work is accepting the contract in place.

The first thing you have to do in these circumstances is to flag the error. In the worst case you need to leave site.
From what I have read this agent doesnt sound to be of the first water. Drastic action may be required.
Walking off site may be only a symbolic gesture and may only require a quick nip to the coffee machine to make a call on your moby, but this gesture is required and can not be misconstrued.

[Turion]

Turion: When the judge asks if you had a contract in your hand when you sat down to work what would your answer be?
When s/he then asks what was the agreed rate (and other terms) stated in the contract what would your answer be?

The contract you have in your hand is the one you are agreeing to if you start work. If you dont have one then your emails and verbal agreements are evidence. Starting work is accepting the contract in place.

The first thing you have to do in these circumstances is to flag the error. In the worst case you need to leave site.
From what I have read this agent doesnt sound to be of the first water. Drastic action may be required.
Walking off site may be only a symbolic gesture and may only require a quick nip to the coffee machine to make a call on your moby, but this gesture is required and can not be misconstrued.

It would never come to a court case. Why would it? It it wasn't sorted to all parties satisfaction the contract would terminated by one or other and they go their own ways.

[rootsnall]

Calm down ! Calm down ! Rate now amended in the written contract.

[The Lone Gunman]

It would never come to a court case. Why would it? It it wasn't sorted to all parties satisfaction the contract would terminated by one or other and they go their own ways.

It would go to court IF a number of things happen.
Lets go with your idea.
Sit down and work with a contract showing a decreased rate. Lets just make it 1 pound per hour.
You ring them to inform them of their mistake and they say they will look into it.
First question. How long do you let this situation continue?
Lets say you get to your first invoice after 1 month.
The agent rejects your invoice because it is 320 (+ VAT) pounds too much. They refuse to pay your entire invoice.
Are you telling me you would just agree to differ, refile at the lower rate and then walk? Or would you just walk without a penny?
If you refile you are effectively accepting the lower rate and would have to break the contract to walk away.
If you dont refile they may refuse to pay any of the monies owed.

You have to do something about it straight away and be prepared to walk.

[The Lone Gunman]

Calm down ! Calm down ! Rate now amended in the written contract.

Well done Roots. Glad you didnt have to fet drastic. You are still opted in BTW so check the terms reflect the law.

[Epiphone]

Reality on the ground meant I had to be here this morning. I'd say I've started without signed contracts more times than I have started with one.

I've had that too. Trick is to send the agent an email saying you're setting off to ClientCo purely out of goodwill to meet the team you'll be working with. You haven't accepted their contract yet and won't be raising any invoices.

They can't get back to you before you get to site so your terms take precedence. Has worked for me at least 3 times. Amended contracts in my Inbox before I've got to the car park.

[TheFaQQer]

If you walk off site it leaves you losing money and to potentially being replaced. In the end the client does not care for the contractor. He is paying the agency to supply someone. It will be your word against the agency. Client should not be involved. If he see's you as unreliable he will ask for a replacement. Remember the agency will have a business relationship with the client. They can terminate and replace you at will.

If the client is aware of the situation, then they are unlikely to look for a replacement and cencel the contract. They are more likely to me cross with the EB about messing it up - the last thing they want to do is to go through the interview stage again to find someone suitable. Unless you are a rent-a-temp, in which case then it probably will lose you the whole contract.

Emphasize with the client that you are unable to work at the moment (not that you don't want to), because the agency has sent you a contract that you cannot sign. The agency is suggesting that you work through it while you agree the new contract, but this is not valid legally, so would put your company and the client in a difficult situation if there was any problem later on. The client will not want someone there who potentially isn't insured because they haven't got a contract, and will argue with the EB about why they aren't doing the job that they are being paid for.

It might cost you a day or so of no income, but at the end of the day you will be in a much stronger position.

As I said earlier, in 99% of cases this will be resolved amicably, so not issues. If not, you can go your own way. Take it or leave it. In this situation I would probably start looking for a new contract whilst still working at the site, and then leave when something else came up. 100% Cash flow is maintained.

Of course, it depends on if you have the ability to give notice or not. If the contract in place doesn't give you the right to give notice, then you would need to argue that there has been a material breach of conditions (rather than warranty) which is much harder to prove later down the line when you have been working to an implied contract. Otherwise, you will need to break the contract, leaving you open to more problems that I wouldn't want to try and defend.