ARGH.. Quick question..

**NotAllThere** · 23 June 2014, 14:29

Be blunt and tell them that you can't start until the contract has been reviewed and agreed. Alternatively, you can start tomorrow if they'll agree it's under the terms of the contract attached to you your email...

**TheFaQQer** · 23 June 2014, 14:31

Originally posted by rapid View Post

I'm sure a few will chuckle, I posted a Boom about a new job but Mich quite rightly said bananas once the contracts signed.

So long story short they've been messing about regarding opt-out and attempting to force me to opt-out etc. Usual lines, every contractor on our book is opted-out, IR35 etc etc..

This has put a delay on me getting the contract and getting it reviewed.. still haven't got the contract so its now looking like a Wednesday start.

So I've advised I'm not starting until I'm happy with the contract and I've had it reviewed (QDOS).

He's said the client needs me on site, I've said if I go on site I'm automatically accepting the contract. He's said he will provide in writing that my being on site is not acceptance of the contract etc etc.. thoughts on this? I don't like the idea of doing a days work essentially with no contract in place.

Shall I just be blunt and advise I can't start until the review has been done?

If he's writing something which says that there isn't a contract in place, what dictates that you are going to be paid for the day, and at what rate?

I would explain that you have spoken to your professional insurers, and they have advised that if you are working there without a contract then they won't insure you. As such, you will need an additional affidavit from the agency which indemnifies you from any liability claim arising from your time working without a contract, and that needs to be signed by someone with the appropriate authority from the company.

If you have the chance, speak to someone at the client and explain what is going on - get your side of the story in before the agency has the chance to lie about why you aren't there.

**northernladuk** · 23 June 2014, 14:36

QDOS will turn it around in 24 hours for 33 quid or something like that. The lady on the phone said if I submitted it at 5 the maximum time would be by 5 next day. As it happens it was in my inbox by 10.30 next day. Spiffing stuff.

Ring QDOS and tell them the score. They are very good at this type of stuff.

**northernladuk** · 23 June 2014, 14:38

Originally posted by rapid View Post

I'm sure a few will chuckle, I posted a Boom about a new job but Mich quite rightly said bananas once the contracts signed.

Mich was wrong. It should be boomed when you turn up, get past security and are sitting at your desk

Why do I say that?

http://forums.contractoruk.com/busin...ot-agreed.html

**rapid** · 23 June 2014, 15:15

Ahhh new contract received..

The Service Provider and its Interim agree to opt out of the Regulations, and unless already received by the Company, the Service Provider shall, and shall procure that the Interim shall, deliver a valid notice to that effect in accordance with paragraph 32(9) of the Regulations.

Sigh..

**Contreras** · 23 June 2014, 15:32

Originally posted by rapid View Post

I'm sure a few will chuckle, I posted a Boom about a new job but Mich quite rightly said bananas once the contracts signed.

So long story short they've been messing about regarding opt-out and attempting to force me to opt-out etc. Usual lines, every contractor on our book is opted-out, IR35 etc etc..

This has put a delay on me getting the contract and getting it reviewed.. still haven't got the contract so its now looking like a Wednesday start.

So I've advised I'm not starting until I'm happy with the contract and I've had it reviewed (QDOS).

He's said the client needs me on site, I've said if I go on site I'm automatically accepting the contract. He's said he will provide in writing that my being on site is not acceptance of the contract etc etc.. thoughts on this? I don't like the idea of doing a days work essentially with no contract in place.

Shall I just be blunt and advise I can't start until the review has been done?

If you go on-site and QDOS fail the contract, and the agency are unwilling to fix it, then what will you do?

That's not to say don't do it. But, don't do it without a plan.

Speak to the client directly. State simply that agency have been "dragging their heels" over the paperwork. Don't get drawn into discussion of opt-out/IR35 etc..

If you do end on site without a contract then at the very least appraise the client directly first. They may not want you there with the possibility you will walk after a few days. Working without an agreed contract risks not getting paid. You also can't bill if the start date is delayed. Depending on the situation I may consider offering (verbally, and to the client only) not to bill for the first week if it falls through but this would be a gamble that the client will do whatever it takes to keep me there.

Keep looking for other contracts until it's in the bag. Do not threaten to walk unless you mean it.

**northernladuk** · 23 June 2014, 15:40

How many people here would jeopardise, or even lose days billing over arguing over opt in/out?

**dty** · 23 June 2014, 15:45

Originally posted by northernladuk View Post

How many people here would jeopardise, or even lose days billing over arguing over opt in/out?

For me the biggest benefit of opting in (or not opting out) is that they have to pay you even if they haven't been paid. So it would depend on how much I trusted the agent/agency.

**TheFaQQer** · 23 June 2014, 15:48

Originally posted by northernladuk View Post

How many people here would jeopardise, or even lose days billing over arguing over opt in/out?

ARGH.. Quick question..