Trying to get contract signed, employer keeps changing it!

[dude123]

Hi all,

Just started a new contract again this week after years of permidom and have hit a few snags so I thought I'd ask for some advice.

Job that I went for a month ago came back to life late last week after the guy the head boss chose after overuling everyone turned out to be rubbish. Verbally accepted on Friday afternoon and started on Monday with the intention of getting the contract signed and sorted this week. Standard 6 months, hours, end date, notice period as yet undefined.

On Tues the agent rings and says they want to change the contract to a "fixed term", though he's not entirely sure what it involved. Thought it might be 6 months with no get out clause but rates, hours etc remain the same. Told him to find out exactly what it meant and get back to me.

Spoke to my boss next day, expressed my concerns, finished for the day and then agent calls back to say contract is back the way it was initally with one months notice. Cool.

Today (Thurs), I call the agent to find out where its all at and he says big boss been in contact again to say he wants it to be a fixed contract again, thinks rate, length etc stays the same but unsure of notice period. The business is going through a bit of turmoil which is why they're hiring contractors instead of perms and apparently a fixed term contract looks better on the books than a standard one. I'd really like to get one months notice cause I quite need the job and one months pay would be great if they let me go early.

So now tommorrow is friday, i've been there for a week and have got nothing on paper!

I dont think they're out to screw me, its more a business thing but ultimately after a week I've got jack! The agent is chasing it up but he's dealing with 2 different people in the business who dont necessarily like each other and I dont think he knows what to do.

I dont want to kick up to much of a stink as I need the job but I'm wondering whether its worth turning up next week until it's all sorted? Where do I stand if it all falls through - can I claim a weeks work? Whatis the standard notice period for a 6 month contract? Has anyone else been in a similar situation and if so how did you deal with it?

Any thoughts/advice greatly appreciated!

[Wanderer]

I dont want to kick up to much of a stink as I need the job but I'm wondering whether its worth turning up next week until it's all sorted? Where do I stand if it all falls through - can I claim a weeks work? Whatis the standard notice period for a 6 month contract? Has anyone else been in a similar situation and if so how did you deal with it?

Welcome!

To be honest, I think you made a bit of a mistake by starting the job without a contract. Do you know for certain that the person who enaged you actually has the authority to do this? You could end up as a pawn in a power struggle which is not a good place to be. Tough call since you obviously want the job so it's not going to be easy to play hardball with them.

Put quite simply, you need to get your contract in writing as soon as possible. I don't worry too much about notice periods, fixed terms and draconian clauses in contracts because in the real world they don't mean much at all.

I'd really like to get one months notice cause I quite need the job and one months pay would be great if they let me go early.

Don't count on it. You could be on a one month notice contract and you could easily get marched offsite with no further pay. If you want job security then you know the answer is to go back to being a permie again.

Likewise a 6 month contract with no get out clause is probably going to be unenforceable against you.

You must trade as a Limited company so the contract is with your company and the client, NOT you personally.

You must get yourself an accountant to help you through all the admin of running a LTD.

Don't "opt-out" of the Agency regulations

Don't presume you are caught by IR35.



It sounds like you are in the deep end, so good luck!

[MarillionFan]

First things first. Speak to both the agent and the client to ensure that you have a contract in place by the end of Monday.

You should not be working without a contract in place and you need to make sure this is fully understood. If it's not in place by EOP Monday, no show on Tuesday. This should focus the effort.

As Wanderer said. Don't worry too much about the notice period there is always a way out on both sides.

[SueEllen]

If you started without a contract you cannot legally opt out of agency regulations. Regardless of what the agency says you cannot opt out.

If you are unhappy with the purposed contract you need to write an email now stating you don't want a fixed term contract to the agency.

You also have the right to down tools and not to turn up until you have the contact you want.

[northernladuk]

Isn't there something about the fact you are there and the client let you work means that the contract has been accepted by both parties even though it isn't signed so you do have some come back but it is very tenuous. First thing first is to make absolutely sure the rate you are getting. I would't not come in next week, you might get paid and if it really goes tits up and they refuse to pay you only lost a week working when you would be doing bugger all at home.

Invoice them weekly if you can as well to make sure the money doesn't mount up incase it does go belly up

[SueEllen]

Isn't there something about the fact you are there and the client let you work means that the contract has been accepted by both parties even though it isn't signed so you do have some come back but it is very tenuous.

True unless you protest in writing now and make it clear that you are not willing to change the contract terms that were verbally agreed on the date before you started i.e. go from contracting to fixed term.

First thing first is to make absolutely sure the rate you are getting. I would't not come in next week, you might get paid and if it really goes tits up and they refuse to pay you only lost a week working when you would be doing bugger all at home.

Invoice them weekly if you can as well to make sure the money doesn't mount up incase it does go belly up

You can invoice them weekly but if you are other payment terms i.e. they pay after 30 days then all it means is they will pay all your invoices them.