Reply to: Payment schedule included in contracts

[Swamp Thing]

I've just checked the last four contracts that I've done and they all specified the payment frequency in the contract itself. Haven't checked them all, as some aren't in my email, but that's what I've had from small and large agencies alike.

Ditto.

My 'practical advice' would be: discuss it with B&C, hear their case, and then put the contractor's case to them. Just because B&C is a 'heavy hitter', it doesn't mean they won't listen. All my contracts have been with 'heavy hitters' and I haven't experienced the problem on this thread; perhaps because we had fair and open pre-contract discussions...

[TheFaQQer]

Maybe people could advise what their agents do. Maybe this is the defacto standard and we all sign up so storm in a teacup?

I've just checked the last four contracts that I've done and they all specified the payment frequency in the contract itself. Haven't checked them all, as some aren't in my email, but that's what I've had from small and large agencies alike.

[northernladuk]

Also, if you’re a limited company contractor, for gawd’s sake you should behave like a limited company and insist on a proper contract (incl schedule of fees). It’s what a proper B2B arrangement should be.

This is all well and good, he should this he should that. The reality of the situation is he hasn't and we need an alternative plan of attack.

An agent such as B&C won't change this just because one contractor says he wants it in. The agents have the power of position here.. big style...

Instead of advising 'what should but never will' we should be thinking about that being the situation and how we can deal with it as it is. Would be much more help.

FaQQers comment for example is a very good one.. he said...

No - as long as I know what the payment terms are. I'd get the agent to put it in an email first - just email him and say "Hi X, Can I just confirm that the payment terms are weekly after receipt of invoice?" and get the response. Gut feeling then says that that would form an implied condition of the contract, if anything went wrong.

I believe he is right that it is implied so good advice. The feedback from the guys that say they are ok is good as well.

Maybe people could advise what their agents do. Maybe this is the defacto standard and we all sign up so storm in a teacup?

[Swamp Thing]

But he has already said that the payment terms come in the welcome pack. this isn't in dispute. It's the fact its not signed as part of the contract. Your original comment was you wanted it in the contract. Would you turn the work down if they refused to put it in the contract and just kept it in the mass printed standard welcome pack?

Well, what should we read into the situation where the agency doesn’t want to put terms of payment/payment schedule into the contract?

- The agency doesn’t want treatment of fees to be legally binding? A ‘welcome pack’ is not a legally binding document.
- The agency wants to vary the fees at will
- The agency just wants to keep its options open (why?)

This wouldn’t fill me with confidence, and considering B&C’s reputation, it’s unusual for fees to be in a welcome pack. Does the contract at least reference the welcome pack? Probably not.

Also, if you’re a limited company contractor, for gawd’s sake you should behave like a limited company and insist on a proper contract (incl schedule of fees). It’s what a proper B2B arrangement should be.

Would I turn down the contract if they can’t put the fees in a contract schedule? Yes I probably would. It would probably end in tears within a short period of time, and then unlucky contractor is back to the drawing board.

[TheFaQQer]

But he has already said that the payment terms come in the welcome pack. this isn't in dispute. It's the fact its not signed as part of the contract. Your original comment was you wanted it in the contract. Would you turn the work down if they refused to put it in the contract and just kept it in the mass printed standard welcome pack?

Sorry - missed the post where he said that he knew what the payment terms were. I thought that he hadn't had any confirmation of any sort of what the payment terms were.

No - as long as I know what the payment terms are. I'd get the agent to put it in an email first - just email him and say "Hi X, Can I just confirm that the payment terms are weekly after receipt of invoice?" and get the response. Gut feeling then says that that would form an implied condition of the contract, if anything went wrong.

I can't understand why the agency can't just put a clause in that says that invoices will be paid "within 30 days of receipt of invoice" and tell the contractor that they aim to pay within the week.

I would suspect that by providing the details in writing with the welcome pack, it's akin to putting it in the contract itself anyway, but IANAL.

[northernladuk]

I wouldn't sign without knowing what the payment terms are. I've never had a problem with whatever payment terms were being offered - but I would want to know what to expect! If necessary, I'd explain this to the client.

But he has already said that the payment terms come in the welcome pack. this isn't in dispute. It's the fact its not signed as part of the contract. Your original comment was you wanted it in the contract. Would you turn the work down if they refused to put it in the contract and just kept it in the mass printed standard welcome pack?

[TheFaQQer]

Would you turn down the work if it wasn't? Not being a bumhole, I am genuinely interested. I wouldn't after a bit of research in to the size of the company, client base etc and the risk seemed managable.

I wouldn't sign without knowing what the payment terms are. I've never had a problem with whatever payment terms were being offered - but I would want to know what to expect! If necessary, I'd explain this to the client.

[northernladuk]

Unlike Badenoch & Clark to refuse such a basic thing. I'd want it included in the contract, rather than just in the welcome pack - I'd certainly want to know what it is before signing the contract!

Would you turn down the work if it wasn't? Not being a bumhole, I am genuinely interested. I wouldn't after a bit of research in to the size of the company, client base etc and the risk seemed managable.

[Pacciae]

You need to know that you be paid etc....get qualified legal experts to check for you such as Roger Sinclair Lawspeed Accountax or Qdos

[Hex]

I believe (but you should check) that if there are no payment terms in the contract then they are assumed to be payment within 30 days of invoice. If that is so, then you have to decide if that is a good enough fall back position for you if they failed to pay more regularly.

[dmini]

Again - one of the best paying agencies I've had. They have not made a single mistake on hours (which have varied) - or messed up the VAT at the start like so many. Weekly timesheet, always paid before the end of the next week - and emails / texts to notify me of the process. IR35 fully compliant as well - checked by Bauer & Cottrell. That side of the contract is a dream - wish the working environment was as good.

[wingdings]

Thank you for all the replies and advice.

The agent confirmed that the payment schedule is weekly but they refuse to put anything about payment terms into the contract. Lots of talk from them about protecting themselves for being sued for breach of contract and no understanding as to the risk from my perspective...

I know they have what seems to be a good reputation so am not sure whether it is worth forcing the issue on inclusion of terms and potentially lose the contract or take it that they appear to be a reliable payer judging by what others have said and just go with the contract has been provided

Cheers

[TheFaQQer]

Hi All

I'm having a contract problem prior to starting a new role, the agency Badenoch & Clark are refusing to put any details of the payment schedule in the contract.

They say that the payroll details are sent out separately in their welcome pack. I've asked for these details to be included in the contract - which to my mind doesn't seem unreasonable and prevents them from changing the details at a later stage without any recourse to me.

Am I being unreasonably picky about this or am I right to stick to my guns?

Grateful for any help!

Cheers

Unlike Badenoch & Clark to refuse such a basic thing. I'd want it included in the contract, rather than just in the welcome pack - I'd certainly want to know what it is before signing the contract!

[Zippy]

Get the agent to confirm by email that they will pay weekly. Have done a couple of contracts with B&C and they pay promptly.

[bandit_legs]

Hi All

I'm having a contract problem prior to starting a new role, the agency Badenoch & Clark are refusing to put any details of the payment schedule in the contract.

They say that the payroll details are sent out separately in their welcome pack. I've asked for these details to be included in the contract - which to my mind doesn't seem unreasonable and prevents them from changing the details at a later stage without any recourse to me.

Am I being unreasonably picky about this or am I right to stick to my guns?

Grateful for any help!

Cheers

im with B&C and have no problems with payment. Infact its the best ive had, every week without fail in my bank account.

hth