Received first contract from agency - has almost no terms - is this typical?

[LJM]

How many have you dealt with that won't modify their terms?

Never tried it - I'm a first-timer. I'm just going on what others above have said and the PCG helpline - that you usually accept the terms given. I think I'm too late now to get anything reviewed amended anyway (I start contract tomorrow) so might just have to get through this 3 month contract with my fingers crossed and be philosophical if anything hits the fan...

Or maybe I'll get it reviewed and send some kind of hopeful late amendment to the agency

[northernladuk]

Never tried it - I'm a first-timer. I'm just going on what others above have said and the PCG helpline - that you usually accept the terms given. I think I'm too late now to get anything reviewed amended anyway (I start contract tomorrow) so might just have to get through this 3 month contract with my fingers crossed and be philosophical if anything hits the fan...

Or maybe I'll get it reviewed and send some kind of hopeful late amendment to the agency

There is the 3rd option of reviewing it to find exactly what situation you are in so you can pay the correct amount of tax so avoiding trouble. Also you will know what you have to do between now and the next renewal to fix it. Much better than crossing fingers I would say.

[LJM]

There is the 3rd option of reviewing it to find exactly what situation you are in so you can pay the correct amount of tax so avoiding trouble. Also you will know what you have to do between now and the next renewal to fix it. Much better than crossing fingers I would say.

I genuinely had not considered the 'accepting you are inside IR35' option I think my brain is addled by having to change my whole way of working and get on top of all this stuff in the space of four days.

As I was typing this reply, the Reed guy phoned to say that 'Ta-da!' actually there is a whole extra document that goes with the top sheet of the contract that he was not aware of (this after me saying 'Are you sure?' in a variety of ways throughout the day). Right, I'm off to read my real contract with 4 minutes left of the working day to query anything I don't like

Thanks very much for all the pointers, everyone.

[LJM]

Right, I'm off to read my real contract with 4 minutes left of the working day to query anything I don't like

Ah, yes, here it all is - lots of IR35-safe clauses (good) and a rather horrid 12 month restriction on working direct for the client (bad), etc. Would I be cutting off my nose to spite my face to say that although I'll start work, I want to get this reviewed before signing it (as the agency are at fault for being so late in providing it). Or should I not start work without an agreed contract under any circumstances? Any views?

[TheFaQQer]

Ah, yes, here it all is - lots of IR35-safe clauses (good) and a rather horrid 12 month restriction on working direct for the client (bad), etc. Would I be cutting off my nose to spite my face to say that although I'll start work, I want to get this reviewed before signing it (as the agency are at fault for being so late in providing it). Or should I not start work without an agreed contract under any circumstances? Any views?

If you turn up, then you've accepted the contract as it currently stands.

Welcome to the world of dealing with agencies! They tend to leave things like this to the last minute - I presume because they worry that if you sign it and then it all dies, they'll have to pay you something. It's important to get the paperwork quickly, though - next time, tell them that you will need to get it reviewed and this will take five working days to get done.

Might be worth sending it over to Qdos anyway and see what they say, but be prepared for a fail, and what you want to do after that. Also, if you've not done so already, join PCG and get their plus package.

[SteelyDan]

[QUOTE=LJM;1481794] a rather horrid 12 month restriction on working direct for the client (bad), etc. QUOTE]

I'd be worried about this ^ bit, but you need to realistically assess the impact and likelihood of this. Are you happy with a restriction of trade clause?

Turning up would be interpreted as acceptance of things as they are.

[TheFaQQer]

a rather horrid 12 month restriction on working direct for the client (bad), etc.

I'd be worried about this ^ bit, but you need to realistically assess the impact and likelihood of this. Are you happy with a restriction of trade clause?

Turning up would be interpreted as acceptance of things as they are.

Chances are that if it went to court, it would be struck out. And there is probably something just as bad between client and agency anyway.

Plus - given the lateness in the day for paperwork, do you really think the agency got the OP to opt out, in writing, properly, before being introduced to the client???

[northernladuk]

I'd be worried about this ^ bit, but you need to realistically assess the impact and likelihood of this. Are you happy with a restriction of trade clause?

Turning up would be interpreted as acceptance of things as they are.

From what I read on here they cannot enforce a 12 month clause as it breaches your right to work or something so wouldn't worry about that. 6 monthers seem to be the agreed max. This is all from chatting with no evidence of course.

[SteelyDan]

From what I read on here they cannot enforce a 12 month clause as it breaches your right to work or something so wouldn't worry about that. 6 monthers seem to be the agreed max. This is all from chatting with no evidence of course.

Yep agreed, hence my comment about realistically assessing impact & likelihood of it happening...

[LJM]

All interesting stuff - thanks. I'm just going to go for it tomorrow, but make sure I'm better armed for the renewal or next contract.

Hate that newbie feeling....