contract renewal sent through but no signature

**northernladuk** · 1 July 2012, 21:47

Just sign then and send them back. I think you are reading far too much in to this.

**SimonMac** · 1 July 2012, 22:07

Its not the end of the world, when I invoice I always add something along the lines "As per the contract dated xxxx entitiled yyyyyy please find blah blah blah" not sure how much credence it would hold up not being singed but at least it shows I am working to the contract outlined

**The Agents View** · 1 July 2012, 23:10

Originally posted by Antman View Post

Hi,

I've been renewed (hurrah!) but as per the last time, the agency sent through the contract which weren't signed from the agency. The agency asked me to sign both and return them then they sign and return one to me.

I'm a little bit hacked off because I can see what they are playing out but not too bothered because the possibility of the end client changing their mind is thankfully very slim. I do think that their tactic will end up burning them at some point when contractors start having more opportunities and somebody gets presented two contracts one of them signed and the other not.

However I think that the accompanying letter gives the game away if anybody could be bothered to pursue this through the courts.

"I write to confirm the extension of the contract at xxx from xxx to xxx. Please sign and date both copies and return them..."

I'm just interested to see what the others think about about this letter, could the contract extension be construed as binding even though it was unsigned?

I've worked for a large, medium, and botique agency, and now I run my own specialist recruitment business. I've never sent out a contract signed. They are signed as accepted on behalf of the limited companies MD (usually also the contractor), and then countersigned by the MD/Commercial Director/FD in my experience. I'm not saying that should be taken as gospel, but it seems a bit of a co-incidence to be the way things are meant to work!

**Gentile** · 1 July 2012, 23:25

Originally posted by The Agents View View Post

I've worked for a large, medium, and botique agency, and now I run my own specialist recruitment business. I've never sent out a contract signed. They are signed as accepted on behalf of the limited companies MD (usually also the contractor), and then countersigned by the MD/Commercial Director/FD in my experience. I'm not saying that should be taken as gospel, but it seems a bit of a co-incidence to be the way things are meant to work!

Like most contractors, I'm the sole director of my Ltd. I have received a contract that expected a countersignature by a second person in the way you've described on one occasion only, though. When I explained to the agent that I needed a contract that only had space for one signature since there were no other directors of my company, she actually said "couldn't you get someone at the post office to countersign it, when you go to post it?"

- you know, as if I go showing my company's confidential business contracts to random strangers, and like were I to do so said random strangers wouldn't smile at me as if I were mad then back away maintaining eye contact.

**Contreras** · 1 July 2012, 23:27

On the other hand they might be fed up with chasing contractors who, having received a signed contract from the agent, fail to return a signed copy to the agent. This way there is an incentive for you to return it signed without them needing to chase it.

Having said that, I have failed to return a signed contract having received copies with the agent's signature. I did this twice with the same agent and never heard a peep from them. A signed timesheet is probably implicit acceptance of the contract, but my guess is the agent simply wasn't bothered.

**Gentile** · 1 July 2012, 23:36

Originally posted by Contreras View Post

On the other hand they might be fed up with chasing contractors who, having received a signed contract from the agent, fail to return a signed copy to the agent. This way there is an incentive for you to return it signed without them needing to chase it.

Having said that, I have failed to return a signed contract having received copies with the agent's signature. I did this twice with the same agent and never heard a peep from them. A signed timesheet is probably implicit acceptance of the contract, but my guess is the agent simply wasn't bothered.

They wont be bothered, because if they needed to prove your company's B2B relationship with theirs at a later stage, they'd need only use their recording of phonecall they had with you in which you agreed to sign and return the contract as evidence. That, in conjunction with the fact you later began work, would be more than sufficient to prove you'd agreed to their terms. All perfectly legal for a B2B relationship: unlike when companies are dealing with private individuals, they don't even need to tell you they're recording the call for later reference.

**cojak** · 2 July 2012, 06:47

Originally posted by Gentile View Post

All perfectly legal for a B2B relationship: unlike when companies are dealing with private individuals, they don't even need to tell you they're recording the call for later reference.

Now that's a very interesting bit of information that I didn't know - it works both ways...

**Sockpuppet** · 2 July 2012, 06:55

I don't think I've ever received a signed contract. Always a blank signature from the agency.

Then again it works both ways. As long as I start at the client the last terms and conditions that were in play are assumed to be the ones were working to. Never had a problem.

**DaveB** · 2 July 2012, 07:14

Originally posted by cojak View Post

Now that's a very interesting bit of information that I didn't know - it works both ways...

Summary of the Law from OFCOM.

Oftel - faqs

Essentially, as long as you do not disclose the contents of the call to a third party you do not have to tell people you are recording the call.

contract renewal sent through but no signature