Recruitment Agency does not supply a contract for a contract?

[Boo]

You have already been told what to use. The PCG contract isn't a random one.

Neither is the QDOS one available here: Free Guides and Templates - Contractor Guides - IR35 Contracts - Qdos Freelancer Shop - Contract Templates and I prefer it to the PCG one, personally.

Boo

[Dominic Connor]

Ending in tears

A lack of a written contract does not mean a lack of contractual relationship.

Verbal commitments, "industry norms", the actions of a reasonable person and many other things can be taken as part of that. It's cruelly complex to sort this stuff out and I'm so far from being a lawyer than I can state as fact that I've probably missed half the factors.

Payment terms ?
Notice period ?
Who is the contract with ?

That's an issue, for all you know the contract is with the agent, or his cat.
You have reached some sort of agreement with an agent, does his boss know ?
What if the firm has a policy of 20% margins and you've negotiated 12% ?

I would not in any way be shocked if the day before you start you got a call saying "my boss says we can only pay you X", where £X is rather less than you agreed leaving you with the options of losing pay whilst you looked for a new assignment or losing pay whilst you work.

I can't even guess at the IR35 implications, but will bet they are bad.

The only time I ever hired a contractor without a contract was when the tulip had hit the fan big time and said "go there sort the tulip out and we'll sort the money", but this guy had known me for 15 years so knew I wouldn't shaft him.

[Gulliver]

No


You have already been told what to use. The PCG contract isn't a random one.

Also if you are in England you do have a contract with the agency it's just not a written one. This means if anything goes wrong you are screwed.

PCG contract templates are members only. https://www.pcg.org.uk/contracts-whe...through-agency

[Gulliver]

A lack of a written contract does not mean a lack of contractual relationship.

Verbal commitments, "industry norms", the actions of a reasonable person and many other things can be taken as part of that. It's cruelly complex to sort this stuff out and I'm so far from being a lawyer than I can state as fact that I've probably missed half the factors.

Payment terms ?
Notice period ?
Who is the contract with ?

That's an issue, for all you know the contract is with the agent, or his cat.
You have reached some sort of agreement with an agent, does his boss know ?
What if the firm has a policy of 20% margins and you've negotiated 12% ?

I would not in any way be shocked if the day before you start you got a call saying "my boss says we can only pay you X", where £X is rather less than you agreed leaving you with the options of losing pay whilst you looked for a new assignment or losing pay whilst you work.

I can't even guess at the IR35 implications, but will bet they are bad.

The only time I ever hired a contractor without a contract was when the tulip had hit the fan big time and said "go there sort the tulip out and we'll sort the money", but this guy had known me for 15 years so knew I wouldn't shaft him.

I was also very surprised as I myself would never contract anyone without a written contract. This is the only recruiter I dealt with who does not understand this.

[Old Greg]

Tell the agency that you have a standard contract and you will be taking it to the end client with the intention of entering a direct contract with them. They may get the point then.