Extension Paperwork

[darmstadt]

Hello everyone,

This one is a bit of a unusual one.

Normally when I extend a contract the agency will give me the extension paperwork for me to sign, which I do and send them back. In return they send me their signed copy so both parties will have signed the contract extension paperwork.

This, for me would be unusual. Normally the agency sends me two signed copies off the contract and I only need to send one signed, by myself, back. Seems a little bit quicker that way...

[northernladuk]

Interestingly enough I have the SOW.

Many thanks

As long as its still relevant and doesn't look like a job the the T&Cs can just roll over.

[Misterfox]

Yes. They would be implied from the previous contract. You are continuing to work under previous agreements and they are continuing to pay you so you've both agreed to carry on albeit implicitly.

It will stand up in court but if anything goes wrong it could be messy sorting it out. The aggrieved party will no doubt try and use the lack of a contract as an excuse.

Not the best position to be in for two reasons.

Firstly, the contract should protect you from any problems. If you slack on the paperwork it's not going to be as robust a defence as you might have hoped. Get it signed. Shouldn't be any skin of either parties nose. A simple letter should suffice.

Secondly it's not very good for IR35. You should have a statement work explaining the deliverables for that contract in some detail. Without it you look more like you are doing a enduring role i.e. a job. Also looks very part and parcel to me. The JLJ lost partly because the details of what he delivered ceased and he become just another body on site.

Do your very best to get a contract and a new statement of work.

Interestingly enough I have the SOW.

Many thanks

[northernladuk]

Hello everyone,

This one is a bit of a unusual one.

Normally when I extend a contract the agency will give me the extension paperwork for me to sign, which I do and send them back. In return they send me their signed copy so both parties will have signed the contract extension paperwork.

I am currently working for a client who has provided a six month extension but this time the agency sent me a signed letter that the contract was being extend by six months, but there was nothing for me to sign and return.

Where does this put me ?

Would the original notice periods and other terms still be in place ?

Ta

Yes. They would be implied from the previous contract. You are continuing to work under previous agreements and they are continuing to pay you so you've both agreed to carry on albeit implicitly.

It will stand up in court but if anything goes wrong it could be messy sorting it out. The aggrieved party will no doubt try and use the lack of a contract as an excuse.

Not the best position to be in for two reasons.

Firstly, the contract should protect you from any problems. If you slack on the paperwork it's not going to be as robust a defence as you might have hoped. Get it signed. Shouldn't be any skin of either parties nose. A simple letter should suffice.

Secondly it's not very good for IR35. You should have a statement work explaining the deliverables for that contract in some detail. Without it you look more like you are doing a enduring role i.e. a job. Also looks very part and parcel to me. The JLJ lost partly because the details of what he delivered ceased and he become just another body on site.

Do your very best to get a contract and a new statement of work.

[Misterfox]

Hello everyone,

This one is a bit of a unusual one.

Normally when I extend a contract the agency will give me the extension paperwork for me to sign, which I do and send them back. In return they send me their signed copy so both parties will have signed the contract extension paperwork.

I am currently working for a client who has provided a six month extension but this time the agency sent me a signed letter that the contract was being extend by six months, but there was nothing for me to sign and return.

Where does this put me ?

Would the original notice periods and other terms still be in place ?

Ta