Does anyone know what might happen in this situation? A sub contractor is sent a contract and starts work. He later asks for some changes to the contract to protect him from IR35. The request is refused and the reason given that the contract was already setup for to protect for this anyway. However the subcontractor did not sign his contract but continused to work for 3 years. Is it implied that the original contract still stands or can the subcontractor claim he is not bound by any contract as he did not sign it?
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If the subbie started working in accordance with the contract, then the subbie is deemed to have accepted the contract.
That is the received wisdom, unfortunately I cannot quote you any case law on the topic.
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What Gonzo said. If it was a week or two between deemed contract and issues raised, thats valid, but 3 YEARS? What was the subbie thinking?Comment
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My advice is to stock up on vaseline.....And the lord said unto John; "come forth and receive eternal life." But John came fifth and won a toaster.Comment
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Contract law has a basic principle of 3 terms.
Offer - Obvious meaning, T's & C's etc
Acceptance - Obvious meaning
Consideration - Payment
Signing an actual piece of paper isn't necessary and since you mentioned having been there 3 years I think it's pretty reasonable to assume that the criteria have been met in all three cases.Comment
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