Working without a contract

[captainham]

PICK UP THE PHONE, DON'T RELY ON EMAIL.

Sorry to shout, winds me up when people rely on easily ignored emails in potentially overflowing Inboxes for stuff as important as a contract.

You're running a business, not sending out spam advertising.

[psychocandy]

PICK UP THE PHONE, DON'T RELY ON EMAIL.

Sorry to shout, winds me up when people rely on easily ignored emails in potentially overflowing Inboxes for stuff as important as a contract.

You're running a business, not sending out spam advertising.

All well and good though but a verbal ok is no good in my book. Can be denied later.

[MattZani]

Thanks very much for the advice.

I actually gave a call to the agent, or better I tried. He was not in today, so probably he hasn't replied because he hasn't seen the email (although he is generally rubbish in replying). I'll ring him up tomorrow first thing in the morning.

Let's say that I know the client and client manager well enough to "trust" them for now (trust has a limit though..). Plus we've spoken many times about how my role will develop in the near future and bla bla bla. So I feel pretty confident about this.

When the client manager talked about the extension, it was just verbal..no emails unfortunately but let's talk hypothetical for a moment. There is no "written agreement" but let's say that the contract ends at the end of March and I have emails in which the client manager for example writes "MattZani, on the first two weeks of April you should take care of this and this...." So let's say that the client manager writes about things I have to do in the weeks after the contract expires; In the remote case that things get ugly, would this help me get my money?

[captainham]

All well and good though but a verbal ok is no good in my book. Can be denied later.

Not suggesting a verbal ok is any good at all. I'm saying that the best way to chase people is by phone (not email), in order to assert that you need a contract before you can work.

[TheFaQQer]

When the client manager talked about the extension, it was just verbal..no emails unfortunately but let's talk hypothetical for a moment. There is no "written agreement" but let's say that the contract ends at the end of March and I have emails in which the client manager for example writes "MattZani, on the first two weeks of April you should take care of this and this...." So let's say that the client manager writes about things I have to do in the weeks after the contract expires; In the remote case that things get ugly, would this help me get my money?

Assuming that the person making the plans have the authority to be offering a contract extension, then I think you would have a good case for arguing that a contract was in place for those weeks.

If the person who made the promise of work doesn't have the authority to make that offer, then you wouldn't have a contract because they are not in a position to make that offer.

The correct response to those kind of emails is "as we discussed, my contract will have expired by that stage, so I'll need some formal paperwork before I can commit to any work beyond the contract expiration".

[psychocandy]

Thanks very much for the advice.

I actually gave a call to the agent, or better I tried. He was not in today, so probably he hasn't replied because he hasn't seen the email (although he is generally rubbish in replying). I'll ring him up tomorrow first thing in the morning.

Let's say that I know the client and client manager well enough to "trust" them for now (trust has a limit though..). Plus we've spoken many times about how my role will develop in the near future and bla bla bla. So I feel pretty confident about this.

When the client manager talked about the extension, it was just verbal..no emails unfortunately but let's talk hypothetical for a moment. There is no "written agreement" but let's say that the contract ends at the end of March and I have emails in which the client manager for example writes "MattZani, on the first two weeks of April you should take care of this and this...." So let's say that the client manager writes about things I have to do in the weeks after the contract expires; In the remote case that things get ugly, would this help me get my money?

Hmmmmm. Trust is a strange thing.... Just think of this, two weeks down the line manager comes to you and says I'm really sorry its out of my hands blah blah blah, really sorry to let you down etc, I feel bad about this, I'll do what I can but it looks like theres no money so you wont be getting an extension and you won't be getting paid.

I'd be happier with an email just saying "Extension will be agree for x months from x date". Not hard. If you're expecting someone to take you at your word then spend 30 secs to do the email also. Its like paying £1000 in £5 notes for something and then getting offended when the person counts it. Nothing personal.

Thats the issue I had with aforementioned client. Wanted trust but not willing to give an inch,

[MattZani]

Thanks again fellows contractors

Ok, everything is on its way to be sorted out.
The client manager forwarded me the email she sent to the client hr guy saying my contract needs to be extended for 3 months and asked the hr guy to deal with the recruitment agency.

Now I'm waiting for the confirmation from hr that everyhing has been taken care of.
Needless to say, I've already forwarded such emails to my gmail account.

[psychocandy]

Thanks again fellows contractors

Ok, everything is on its way to be sorted out.
The client manager forwarded me the email she sent to the client hr guy saying my contract needs to be extended for 3 months and asked the hr guy to deal with the recruitment agency.

Now I'm waiting for the confirmation from hr that everyhing has been taken care of.
Needless to say, I've already forwarded such emails to my gmail account.

If you've got email then Id go for it now. If it all goes belly up you've got some sort of agreement there at least.

[SueEllen]

Thanks again fellows contractors

Ok, everything is on its way to be sorted out.
The client manager forwarded me the email she sent to the client hr guy saying my contract needs to be extended for 3 months and asked the hr guy to deal with the recruitment agency.

Now I'm waiting for the confirmation from hr that everyhing has been taken care of.
Needless to say, I've already forwarded such emails to my gmail account.

Most agents don't work completely on their own.

So as I stated in my initial post if your particular agent isn't in ask for a director on the phone

If you are dealing with the director then they will have no problem getting back even if they are on holiday as they don't want to lose money.

So the fact your agent isn't doesn't stop the actual paperwork being sorted out.

[TheFaQQer]

If the person in question works for your client and they have confirmed an on extension in writing, or on e-mail then you have your golden ticket. Authority or not, they represent the company.

Janet is an intern working for the client. Janet has a company email account. Janet's duties are generally limited to filing and photocopying. One morning, Janet sends an email to you offering you a six month extension.

Janet does not have the authority to make the offer, so the offer is invalid.

See Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd and also Hely-Hutchinson v Brayhead Ltd