Working with no contract - is it a problem?

**BolshieBastard** · 19 November 2009, 18:51

Originally posted by k2p2 View Post

So this is the 7th week of working (direct) for ClientCo and I still don't have a contract. Delay in getting started due to company house upgrade, so was two weeks in before LtdCo was set up, so really couldn't do much before then.

Day after I got LtdCo set up I emailed my contact a nice IR35 friendly contract (I'm working remotely). My contact cancelled the 'catch up' calls we had scheduled, so no chance to chase - two weeks later I found she'd left the company. So I emailed the contract to the big cheese and he mailed back saying he'd passed to someone else to finalise. So I've chased other chap twice, been into office to meet new contact and mentioned to him, and sent another friendly reminder to big cheese.

Don't think there's anything untoward happening - they're all just really busy - but not sure how much of a problem this is - should I be pushing harder, phoning daily and generally making a pain of myself until it gets done? Am keen to keep relations sweet, as I'm enjoying the work, and hoping there might be more in the future!

Have they paid you anything yet!?

**mudskipper** · 19 November 2009, 19:10

No.... I sent my invoice end of month, mentioned it when I was in last week and the accounts lady told me they pay after 30 days. Not ideal, but didn't seem worth rocking the boat over...

As I said, I really don't think there's anything untoward going on!

**rootsnall** · 19 November 2009, 19:17

Originally posted by k2p2 View Post

No.... I sent my invoice end of month, mentioned it when I was in last week and the accounts lady told me they pay after 30 days. Not ideal, but didn't seem worth rocking the boat over...

As I said, I really don't think there's anything untoward going on!

Make sure you get a weekly signed timesheet. Keep pressing.

**Peoplesoft bloke** · 19 November 2009, 19:20

I wouldn't do this, but you're not me of course. Do you have signed timesheets or anything to illustrate that they accept you have done the work?
I am not a lawyer, but in the absence of a contract I would imagine it would be hard to argue about IR35 status.

**Fred Bloggs** · 19 November 2009, 19:25

And after 2 months, when you've still not been paid, what will you do?

**TheFaQQer** · 19 November 2009, 19:37

IIRC, if you sent a contract to them, and they allowed you to start work, then it would be held that that contract is what is in place.

What payment terms did you include in the contract?

As far as IR35 goes, the investigation will look more at real working practices than what a piece of paper says anyway.

**Fred Bloggs** · 19 November 2009, 19:39

I'd be far more worried about getting paid than about IR35.

**mudskipper** · 19 November 2009, 19:44

Originally posted by Fred Bloggs View Post

And after 2 months, when you've still not been paid, what will you do?

Cry? Vodka?

I really don't think it's going to happen - if it does I'll come out of the experience wiser, poorer, and a whole lot more cynical!

**mudskipper** · 19 November 2009, 19:47

Originally posted by TheFaQQer View Post

As far as IR35 goes, the investigation will look more at real working practices than what a piece of paper says anyway.

Thanks - that's reassuring. I think I'm good on that - working at home, hours that suit me, using own equipment etc.

Will push again for contract next week - thanks for the advice.

Working with no contract - is it a problem?