Reply to: ELAN Changing Contracts...this Legal ?

[pmeswani]

my current client seems to have switched to paying my monthly invoices quarterly

If it states in the contract that your client pays you monthly, then they are in breach of contract. Otherwise... a bit of a shame really.

[Spacecadet]

my current client seems to have switched to paying my monthly invoices quarterly

[rb621]

Reed did same thing but then changed mind

Mate of mine had similar thing last week with Reed changing their payment terms. Contractors who operated own company would be paid 9 days later (20 working days) than those using umbrellas.

They changed their mind after a lot of contractors obviously complained and then offered £50 virgin vouchers as an apology.

[BrilloPad]

I've recently started a new gig with Elan & have had nothing but trouble with them. It took over 3 weeks for them to make my timesheets available through their online portal (despite me constantly chasing them via email & phone). I've been working at the clients site for 6 weeks without any sign of a contract (again something that I have been chasing since the day I started). Now they have sent me an email saying that they are going to pay me on 21 day payment terms as per my contract (that will be the invisible contract that I have yet to have been sent or sign). I've been contracting for 10 + Years & have only ever been paid on a weekly basis, hence if I had been given the opportunity of reviewing elan's contract in the first place it would have been sent back to them requesting an amendment to the payment terms before I signed it. Elan are now trying to impose T&C's on me which I have never been made aware of & to which & would never have agreed to.

I have never worked without a written contract.

I hear lots of bad stories but Elan - but I am not sure what they have done wrong in your case?

[stillooking]

Pointing the obvious out, but do not trust Elan at all.

I've first-hand experience of dealing with them and a shyster of a client (plc), Elan pressed me to start without signing off the contract (a real error of judgement by me), got there for two days and unbeknown to me they were really looking for a permie on a low salary rather than a contractor. They let me go as they found a permie who could start right away.

Elan denied all knowledge of it and the client tried to back out of verbal obligations, although I was pretty shocked at their behaviour, and it was 23rd December, I told them I was going to make a scene (ooer) so they offered and gave me money (not that much) to go away.

[Beefy198]

1) Why set foot on a client site without a contract? I bet they'd have it in your inbox within ten minutes if you told your agent you weren't going to turn up

2) I'm surprised you've never had 'longer than weekly' payment terms. Out of interest, have you ever worked direct or have you always worked via agencies? (Mind you, know plenty of agencies that try and pay four weeks in arrears)

[scooterscot]

I've been working at the clients site for 6 weeks without any sign of a contract (again something that I have been chasing since the day I started).

I've been contracting for 10 + Years & have only ever been paid on a weekly basis,

I think you must be one of a very few who works on the client's site for this amount of time without a signed contract.

I recently began a job with Elan. I refused point blank to step on to the client's site without a signed contract, they soon shifted their asses when the client started asking questions to my whereabouts...

[IrishExile]

Elan Move The Goal Posts

I've recently started a new gig with Elan & have had nothing but trouble with them. It took over 3 weeks for them to make my timesheets available through their online portal (despite me constantly chasing them via email & phone). I've been working at the clients site for 6 weeks without any sign of a contract (again something that I have been chasing since the day I started). Now they have sent me an email saying that they are going to pay me on 21 day payment terms as per my contract (that will be the invisible contract that I have yet to have been sent or sign). I've been contracting for 10 + Years & have only ever been paid on a weekly basis, hence if I had been given the opportunity of reviewing elan's contract in the first place it would have been sent back to them requesting an amendment to the payment terms before I signed it. Elan are now trying to impose T&C's on me which I have never been made aware of & to which & would never have agreed to.

[neilmcl]

Farmer J, do you ever actually read your contract T&Cs before you sign.

21 days invoice terms have been part of Elan's contracts for years, they've only recently decided to enforce it which they're fully entitled to do.

[Inside Agent]

Makes perfect commercial sense and Elan are within their rights to do this based on the contract the OP has pasted.

However they are running the gauntlet around dictating timesheet submission and cut offs. 21 days is 21 days and not 21 days after a date they feel like it I would assume.

Skillstream has been an 'interesting' challenge at the World's local bank who I assume are the end client.

[Another Dodgy Agent]

I could be wrong, but it sounds to me that with the current economic worries, Elan have thought ahead and are looking to delay payment to enable any quick factoring to take play. As you all know, you invoice your agency, your agency pays your Ltd Co/Umbrella and then chases the end client for monies including agency margin. Perhaps Elan have identified that a number of clients are being tricky on payment and want to "drag" the time between payment to contractors and receipt of payment from clients? As I say, I could be very wrong but the OP's communication from Elan does seem rather coincidental.

[scooterscot]

If a three week lag gives you serious financial issues what is not having a job going to do?

Give us a break, no-one on a contractor's income is seriously inconvenienced by having to wait three weeks to be paid.

tim

WHS - try and keep at least 3 months contingency in the bank.

[Sysman]

All the contractors at clientco hate Elan - some have managed to move agencies - most went to the one I use (Modis) who are great.

I put Elan on my personal blacklist several years ago.

[BrilloPad]

All the contractors at clientco hate Elan - some have managed to move agencies - most went to the one I use (Modis) who are great.

[Sysman]

Or ask / beg for an advance as a one off to cover the corp / vat payments.

The agency I was working through half a dozen years ago did similar. Cash flow wasn't a problem, but I asked for an advance (deductible over the next 2 months if I remember correctly) as a matter of principle, and got it.