Contract Help Needed

[Epiphone]

you don't get a contract because the agreement is between the agency and the brolly. You work for the brolly within the confines of the agreement between you and them.

IR35 doesn't apply 'cause you'll be paying all the tax Gordo wants anyway.

[Bluebird]

I may not know everything about umbrellas, but I suspect that the contracts work like this:


Client > Agency
Agency > Umbrella
Umbrella > Contractor

As a contractor working for an umbrella, you are an employee of that company, and they pay you as such.

However, what ever revenue you generate for the Umbrella, you only get a salary for a smaller amount, as the umbrella will deduct an amount from the fee recieved for your services to cover:

1. Their Fee
2. The employers NI

all the rest you get as gross salary which is then subject to normal NI & Tax.

Feel free to correct me if I've got it wrong

[paultaylor]

Thanks Fagger.

No, they do not owe me any money.

I did sign a generic "Employment Contract" when I started using the Umbrella several years ago - but nothing in relation to this contract other than I stated in an email that this new contract "looked ok". Is that enough for the contract to become signed & sealed? I would have thought it would need my sig on it - as I have done for all previous contracts with other agencies.

Thanks for the advice so far - any more thoughts on this? How do other Umbrellas work - do they require a contractor signature for each contract or not?

[TheFaQQer]

Thanks Cowboy Bob.

Is it usual for contractors working under an umbrella not to receive a contract to sign? My umbrella co (who previously have always been good) have told me often there is no contract for the contrctor - it's an agreement between the umbrella and the agency.

Basically, I decided against doing the contract (for many reasons) and the agency is pursuing the umbrella for 4 weeks (the notice period) worth of fees as I "didn't turn up", and the umbrella say they will pass this onto me - though I have signed nothing - it's all been email & verbal. Where do I stand on this?

1. If they owe you any money, get it quickly!


2. Ask them to produce a contract that you signed, or any other evidence that you accepted the contract.

3. Tell them you'll see them in court if they want to sue.

4. Find another umbrella, sharpish.

[paultaylor]

Matt,

Basically, a health issue prevented me from starting and I need to take a break from contracts for a short while.

Cheers
Paul

[paultaylor]

Thanks Cowboy Bob.

Is it usual for contractors working under an umbrella not to receive a contract to sign? My umbrella co (who previously have always been good) have told me often there is no contract for the contrctor - it's an agreement between the umbrella and the agency.

Basically, I decided against doing the contract (for many reasons) and the agency is pursuing the umbrella for 4 weeks (the notice period) worth of fees as I "didn't turn up", and the umbrella say they will pass this onto me - though I have signed nothing - it's all been email & verbal. Where do I stand on this?

[M@H]

IANAL: Whether you are legally bound would be up to a legal argument to decide. A test of reasonablility would suggest you are if you agreed in writing that you were happy with the amendments, and that orally you accepted; however there is a case for suggesting that as you have not signed you are not bound (you will only find the answer to this if you have to test it)

Ultimately though, if you were happy with the amendments and therefore would sign the contract anyway, where is the problem?

Cheers
Matt

[Cowboy Bob]

No contract = no work. End of.

Just don't turn up to work at the client site as if you do it will be deemed that you have accepted the terms of the contract (most likely the original one you didn't like).

[paultaylor]

Hi all.

I've been operating under an umbrella company for several years. In all the contracts I have had I have always received a contract to sign and was able to keep a copy, with all 3 sigs on it (mine, the agency and the umbrella co). Recently I was offered a contract through an agency and verbally accepted it. The contract was emailed to me and I asked for a lot of changes (it was very one-sided and incorrect in places). After some reworking I said it looked ok. The next thing I know is that the umbrella co and the agency have exchanged signed contracts without me either receiving a copy or being asked to sign.

I just wanted to know where I stand on this. Am I legally bound to fulfil the contract based on a verbal "yes" and an email saying the latest contract "looked ok".

Cheers
Paul