Contract hasn't come through, but job has started

[Wanderer]

Normal contracts should be sent at least by recorded signed-for delivery. This is in case you get an agency who tries the trick of "we haven't signed the contract and returned it to you so it's not enforceable from our side"

Hmmm good idea. I guess I could even mail myself (recorded delivery) a signed copy of the contract and never open it so I have some sort of proof that it was sent on that day.

Why the agents let this situation happen at all is beyond me though, it's just bad business and leads to problems. Having a written agreement is by far the friendliest way to do business as there are no unfortunate misunderstandings.

[SueEllen]

.
What if the contractor sends the agency a signed contract before the work starts (let's say using the PCG's template, nice). In the absence of any contract offered by the agency, gotcha, they've tacitly accepted your one. Don't know if it would work but it would be funny to play them at their own game.

It's accepted once they pay you. You can argue you it's accepted before that but that's the easiest way to prove it.

However they could deny receiving the contract.

As disappearing and not receiving paperwork happens a lot in legal disputes, you should always send contracts like that by special delivery. It helps nowadays that the delivery number is on the receipt so you aren't likely to lose it.

Normal contracts should be sent at least by recorded signed-for delivery. This is in case you get an agency who tries the trick of "we haven't signed the contract and returned it to you so it's not enforceable from our side", plus you should at least have photocopy of the contract terms if they haven't sent you an email copy.

BTW it doesn't matter if you can't prove the other side has signed for the letter the fact that you sent it that way and the the RM is a neutral 3rd party is enough to prove to judges etc that you are likely to be telling the truth that you have sent it while the other side is likely not to be telling the truth about receiving it.

[Wanderer]

A formation of contract consists of offer, acceptance, consideration, intention, etc. As long as you have evidence that they are offering you the job for x amount per day, then by you turning up and working and them allowing you to do so can be deemed as acceptance by conduct.

Sure, I agree with that - a contract doesn't have to be written but the devil is in the (contract) detail.

Once you start work, you are in a much weaker position when it comes to negotiating contract length, notice period, payment terms, agency tie-in and whatever other bulltulip the agency wants to try and throw in.

Also, if it comes to a dispute then you are much more likely to settle the matter quickly if you have a written contract which is what I meant about people getting burned...

Here's a thought: If the agency sends the contractor a signed contract and the contractor starts work without signing it then the contract has been accepted, right.

What if the contractor sends the agency a signed contract before the work starts (let's say using the PCG's template, nice). In the absence of any contract offered by the agency, gotcha, they've tacitly accepted your one. Don't know if it would work but it would be funny to play them at their own game.

[northernladuk]

Ahhh, sorry NLUK completely read that wrong.

I shall go out and beat myself up now.

Ummm - That's quite the opposite of what your emoticon indicates. That is one guy beating another one up. If you do need me to step in I would be happy to help redress the balance though

Also to be fair I put both options in my response so only half a beating required.

[Wanderer]

Ummmm - that's the complete opposite of what NL said!

Ahhh, sorry NLUK completely read that wrong.

I shall go out and beat myself up now.

[NotReallyButSeriously]

Finally it it resolved

Seeme to be an issue with he attachments not sending through.

Got the agency to forward me the contract and I sent it off to the umbrella.

I tried to cover my back regardless. Getting written proof that I was working here from the client, kept all emails to show that contact was made. Doesn't matter now though

[SueEllen]

Agree with Northernlad. Don't work without a contract, lots of people have done and have been burned.
.

The only reason never to work without a contract is if you want to change some of the contract terms before you have accepted it.

As if something goes wrong the last contract under consideration will be used which may not include the terms you asked to be altered.

However the fact that NotReallyButSeriously is working as an employee of an umbrella company means that it's up to his employer, the umbrella company, to negotiate any terms they want changed before they accept the contract.

[Incognito]

Agree with Northernlad. Don't work without a contract, lots of people have done and have been burned.

That's bollocks. A formation of contract consists of offer, acceptance, consideration, intention, etc. As long as you have evidence that they are offering you the job for x amount per day, then by you turning up and working and them allowing you to do so can be deemed as acceptance by conduct.

However that all depends on the construction of the offer, if it has been made subject to contract then it's not in your favour, however if the offer did not contain that clause then if the OP wants to cover their back, construct a letter and send it by registered post to the agency accepting the offer made on whatever date by whatever means, i.e. was it by e-mail/phone/etc of x per day/hour to carry out the role as advertised starting from the date you went into the office.

You'll most probably find the agency will just be chasing the paperwork and will get the forms out to you anyway.

Be aware that this can bite people in the ass in reverse, if you're in contract and they try to impose a rate reduction on you and you don't positively refuse that reduction, then if you continue to work past whatever date they set as the date that reduction applies then you will be construed as having accepted that reduction by virtue of your conduct.

[TheFaQQer]

Agree with Northernlad. Don't work without a contract, lots of people have done and have been burned.

Ummmm - that's the complete opposite of what NL said!

Give the client a courtesy call to let them know that they agency has messed things up by not providing a contract. Tell them that you are not in a contractual relationship and therefore not covered by your insurance until you have a signed contract in place so you cannot work on site.

Exactly what I would do - speak to the client, tell them that you can't start work - it's not that you don't want to, you would love to be there helping them solve their problems! - because without the contract, you've been advised by your insurers that they wouldn't insure any claims. If they can indemnify you, then you'll be there right away - which they can't and won't do for good reason.

Queue client giving agency a rocket and contract sorted out within the hour...

Cue

[d000hg]

For the sake of one day I'd go in, they haven't had a long time to sort this out in advance and losing one day's income when you're on the bench anyway is low-risk.

[eek]

Agree with Northernlad. Don't work without a contract, lots of people have done and have been burned.

Give the client a courtesy call to let them know that they agency has messed things up by not providing a contract. Tell them that you are not in a contractual relationship and therefore not covered by your insurance until you have a signed contract in place so you cannot work on site.

Queue client giving agency a rocket and contract sorted out within the hour...

Well this isn't what northernlad said and he tried that yesterday.

You only earn money by being at the client so roll in to the client and start work. As you are using an umbrella and don't have to worry about IR35 issues you may as well start work and get the client to hassle the agency for the contract.

[Wanderer]

Agree with Northernlad. Don't work without a contract, lots of people have done and have been burned.

Give the client a courtesy call to let them know that they agency has messed things up by not providing a contract. Tell them that you are not in a contractual relationship and therefore not covered by your insurance until you have a signed contract in place so you cannot work on site.

Queue client giving agency a rocket and contract sorted out within the hour...

[northernladuk]

I believe the two options are to turn up and carry on as normal and wait for the contract. Chance of everything turning out OK and getting paid, small chance of it going wrong and you earning nothing.

Stay at home and don't turn up until contract sign. Earn nothing, give them an out to get rid of you because you have an attitude.

Seems pretty black and white. Turn up, give them some credit that it might just be delayed but minimise your risk to maybe a weeks working and keep mentioning it. You haven't lost anything because you haven't earned it yet so if it does all go pete tong you will just lose a weeks money in the worst case.

Personally I would seriously throw the teddy out of the cot after a week or so but a few days I would carry on as normal.

Don't stop looking for other work until it is signed though.

[NotReallyButSeriously]

Ok, so this is my second contract since coming out of college. My Umbrella is Parasol.

I was called on Friday from an agency about a job that will last anything from 3 days to a few months and was offered the contract later that day. The job started today (Monday).

I gave them my Umbrella details, they exchanged info etc etc.

Monday morning came and I noticed that my online Parasol account is still stating there is no contract. I rang parasol and they said the agency has spoken to them and apparently sent the Contract through to them, however Parasol had not received it.

I rang the agency and they said they will send it through again... A few hours later I checked my online account again, and no contract. Gave a call to Parasol again to inquire... Nothing, they had not received it but where following up with the agency. They have been in contact and exchanged calls and emails (Both have told me this, so neither are fobbing me off with lies about being in contact), however... No contract.

I went to the clients company today and acquainted myself with them, let them know the situation. They're a large company and have received their contract from the agency.. All good for them.

When I got home, still no contract, it is now 7:58PM and no contract after numerous calls. The agency has informed me they are trying to sort it out and will tell me tomorrow, Parasol are saying that they are trying to follow up but unfortunately and understandably it is not their problem if they are not receiving it numerous times.

I am unsure whether I should crack on and wait it out (keeping the contract), or to ring the client tomorrow explaining (losing a days wage + possibly the contract being cancelled).

What do you guys thing my best options here are? Any advice?