Questions from a newbie

[Rubia]

Hello,

I'm new to contracting in the UK so please be gentle with me.

I have two questions that I hope someone on here may be able to assist with:

1. Has anyone successfully managed to negotiate payment terms other than 30 days with Alexander Mann?

They sent me a contract late on Friday and I am supposed to start Monday but there are 30 day payment terms in there that I am unhappy with. I was planning to simply cross this out, initial it, and change it to 7 days, but reading back through their email it mentions that written changes to the contract will not be accepted. I'm in a bit of a bind (although think I have the upper hand due to the client expecting me there at 9:30am) and it would be good if I could insist on reduced payment terms knowing others have been successful with them

2. I had no idea what the whole opt-out thing was about and foolishly signed it prior to discovering this forum. Thankfully my initial contract is only for 30 days as they have not yet completed all the security checks required for me to start so I have an 'at risk contract' - the client waived the enforcement of all checks as they just want me to start. If I send my agency an email in the meantime saying I don't want to opt-out I assume this will cover me for the next 5 month contract I am due to sign next month?

Any advice would be much appreciated

[northernladuk]

Alexander Mann is a big company so (takes a deep breath) don't think 30 days is that much of a risk. I certainly would not be risking losing a contractor over it to be honest.

Just crossing something out of a contract and sending it back isn't going to get you anywhere and just delay the process IMO. At least speak to them and then get them to send you an amended one.

What is it you are wanting out of opting in? Will you be wanting to work direct for the client after? Is the client a small outfit that may not pay the agent? What protection are you looking for? If there isn't any added value again I wouldn't risk losing the contract arguing over it... but that is my opinion. If you were working with some small client and they may not pay then fair enough.

You do know if you turn up on Monday you have implicitly agreed the contract whether you have signed it or not. You have to decide if losing a day's billing is worth fighting the payment period.

[Rubia]

Thanks for the advice.

The main issue I have with the payment terms is that I need to get some cash flowing sooner rather than later after finishing up my last contract in Australia in November. I don't really want to wait until mid April to receive my first pay. I'm hoping they can at least be flexible for the first few weeks (or even for this short contract) and pay within 7 days. After that I am happy to move to 30 days.

I am going to email them today and call them from the train tomorrow morning and see how quickly they can get an amended contract to me. I don't really think it's fair that I was sent a contract at 3pm Friday (when I was not at home) and am expected to start Monday without any forewarning of the detail. They previously sent me a blank contract so that I could get my IR35 review done, but the 30 day terms were conveniently left off!

The client is a large company and I have no doubt will pay Alexander Mann on time, so in that regards I feel confident. Just reading through the forums pretty much everyone suggests not signing the opt-out form.

[oracleslave]

The client is a large company and I have no doubt will pay Alexander Mann on time,

Not that it helps you much, but in my experience some of the larger companies are the most tardy payers. They'll no doubt pay Alex Mann eventually but just because they have the means to, doesn't mean they will pay on time.

[northernladuk]

Not that it helps you much, but in my experience some of the larger companies are the most tardy payers. They'll no doubt pay Alex Mann eventually but just because they have the means to, doesn't mean they will pay on time.

We can live with not being paid on time.. Opting in/out won't make a difference to that and if they are going to be late with 30 days there are high chances they will be late with anything less as well.

[northernladuk]

Thanks for the advice.

The main issue I have with the payment terms is that I need to get some cash flowing sooner rather than later after finishing up my last contract in Australia in November. I don't really want to wait until mid April to receive my first pay. I'm hoping they can at least be flexible for the first few weeks (or even for this short contract) and pay within 7 days. After that I am happy to move to 30 days.

I am going to email them today and call them from the train tomorrow morning and see how quickly they can get an amended contract to me. I don't really think it's fair that I was sent a contract at 3pm Friday (when I was not at home) and am expected to start Monday without any forewarning of the detail. They previously sent me a blank contract so that I could get my IR35 review done, but the 30 day terms were conveniently left off!

Contracting is a big bad world. 'Fair' doesn't come in to it. It's business, they want someone to start on Monday and there will be a lot of contractors that would jump at the chance. My last three gigs have been interview Tuesday/Wednesday and start Monday with signed contract in place. QDOS do turn them around v quickly if you call them and advise the situation..

The client is a large company and I have no doubt will pay Alexander Mann on time, so in that regards I feel confident. Just reading through the forums pretty much everyone suggests not signing the opt-out form.

They suggest not signing it as it adds some extra protection but when it comes to it trying to stay opt in can be a proper fight with the agency with lots of to'ing and fro'ing. If you don't have the time and don't need the level of protection it offers then it isn't a deal breaker IMO.

[Wanderer]

I'm hoping they can at least be flexible for the first few weeks (or even for this short contract) and pay within 7 days. After that I am happy to move to 30 days.

Ask them - it's possible they can try to expedite your first couple of invoices for you.

On 30 day terms you certainly want to be invoicing weekly too. Make sure you get your timesheets signed off and submitted at the correct time so you get paid.

Just reading through the forums pretty much everyone suggests not signing the opt-out form.

Yep. You could email them first thing Monday morning (before you start) and tell them you are withdrawing the opt out or if it's just short contract then wait till the next one and then opt out.

[Rubia]

Thanks for the advice!

I'm happy to start tomorrow ( I was offered the role 2.5 weeks ago but all the checks they require are taking a while), my real issue is being sent a contract Friday afternoon and having no time to negotiate any part of it before being expected at the client tomorrow morning.

I've sent off an email asking for 7 day payment terms and will just have to try to work it out before I walk onto the clients site tomorrow (I've got a half an hour window to achieve this!). Fingers crossed they agree or it will be awkward for all concerned.

[quackhandle]

Thanks for the advice!

I'm happy to start tomorrow ( I was offered the role 2.5 weeks ago but all the checks they require are taking a while), my real issue is being sent a contract Friday afternoon and having no time to negotiate any part of it before being expected at the client tomorrow morning.

I've sent off an email asking for 7 day payment terms and will just have to try to work it out before I walk onto the clients site tomorrow (I've got a half an hour window to achieve this!). Fingers crossed they agree or it will be awkward for all concerned.

See bold text, get yourself organised, you're running a business now. Welcome to the game!

qh

[psychocandy]

Thanks for the advice.

The main issue I have with the payment terms is that I need to get some cash flowing sooner rather than later after finishing up my last contract in Australia in November. I don't really want to wait until mid April to receive my first pay. I'm hoping they can at least be flexible for the first few weeks (or even for this short contract) and pay within 7 days. After that I am happy to move to 30 days.

I am going to email them today and call them from the train tomorrow morning and see how quickly they can get an amended contract to me. I don't really think it's fair that I was sent a contract at 3pm Friday (when I was not at home) and am expected to start Monday without any forewarning of the detail. They previously sent me a blank contract so that I could get my IR35 review done, but the 30 day terms were conveniently left off!

The client is a large company and I have no doubt will pay Alexander Mann on time, so in that regards I feel confident. Just reading through the forums pretty much everyone suggests not signing the opt-out form.

Rubia mate - seriously. Do you really think the agency accidentally send you a blank contract or that they accidentally waited until 3pm friday? Chances are this was deliberate so you'd have no chance to get it reviewed.

So who told you you HAD to be there monday? Agency I reckon. Chances are client may not be that bothered but agency want you there all done and dusted and money coming in.

What you should have done is said thanks but I'll get the contract reviewed and, hopefully, start in a few days. Not being funny but you're not exactly negotiating from a position of power on the train on the way to the client.