Postponed start date!?

[kevinlam]

Hi all,

Hit a problem with my first contract. The start date on the contract is supposed to be next Monday 23rd may but agent called me two days ago saying that the company hasn't got the account setup for me yet and postponed my start date to a week later.

Does this happen often? I means that I will have a week with no pay...

On the flip side, would that help me to make a case outside ir35 because it clearer shows that there is no obligations to provide me with any work.

Any advice would be very much appreciated. Thanks.

[Wanderer]

Does this happen often? I means that I will have a week with no pay...

Afraid so and you have to roll with it but keep your eye out for other jobs as it's not known for them to fall through. Hell, my last permie job start date got held up by 6 weeks while they sorted out the paperwork. Drove me up the wall.

Look on the bright side though, you will also have a week of no work and the sun is shining!

[RichardCranium]

Welcome to contracting. Be glad you're not waiting for security clearance; you might have been sat at home watching Wimbledon while waiting for that to get sorted.


(Why, why, why does it take companies days or even weeks to get accounts created? They can get approval to spend, for example, £300 per day x 5 days x 26 weeks = £39k on a contractor plus agency fees and spend two to six weeks doing the recruitment because they have an "urgent requirement" but then can't sort out creating an account. It just reinforces my belief that the companies that need to employ contractors are, on the whole, crap.)

[nomadd]

It just reinforces my belief that the companies that need to employ contractors are, on the whole, crap.)

Well, 90% of the jobs on Jobserve are with Banks, so...

[kevinlam]

Thanks guys. Thought I am the only unlucky one. I guess I will just have to wait then. You are right, sun is shunning

Would it make me outside ir35 then?

[RichardCranium]

You are right, sun is shunning

Would it make me outside ir35 then?

I don't think the weather is usually used as a criterion in determining IR35.



(Anyway, permies have their start dates delayed too: one could argue it means you are more like a permie, reliant on their tools, desk, account, etc. Can't you just start on Monday and take a laptop?)

[northernladuk]

Thanks guys. Thought I am the only unlucky one. I guess I will just have to wait then. You are right, sun is shunning

Would it make me outside ir35 then?

Why do you think delaying a start date due to intenal processes would make you out of IR35? They are just late getting their shizzle together thats all. Nothing to do with obligation to provide work, they can't provide it cause they can't start you. Nothing to do with IR35.

[Hex]

Why do you think delaying a start date due to intenal processes would make you out of IR35? They are just late getting their shizzle together thats all. Nothing to do with obligation to provide work, they can't provide it cause they can't start you. Nothing to do with IR35.

Yes - but if you were a permie you would turn up on the start date in your contract regardless and expect to be paid.

They have said to him that although his contract has started they currently don't have a way for him to do his work so they don't need his services for now. To me that is a good indicator for no Mutuality of Obligation.

[kevinlam]

Yes - but if you were a permie you would turn up on the start date in your contract regardless and expect to be paid.

They have said to him that although his contract has started they currently don't have a way for him to do his work so they don't need his services for now. To me that is a good indicator for no Mutuality of Obligation.

Hex, that's what exactly I am thinking. :-)

[jmo21]

Yes - but if you were a permie you would turn up on the start date in your contract regardless and expect to be paid.

They have said to him that although his contract has started they currently don't have a way for him to do his work so they don't need his services for now. To me that is a good indicator for no Mutuality of Obligation.

It's never happened to me, but it wouldn't suprise me if there are folks out there who have had permie start dates put back and not gotten paid from the original start date.