Nwe contract

[TheFaQQer]

Oops!!!

Thanks for the advice, I havent signed contract yet, have negotiated a start date the day after decission, but how c****y would it be of me to say no on start date??!!!

Not professional and not normally my style, but does the end goal always justify the means?

Ah - the eternal contractor question. I'll pre-empt any debate here....

Some people will tell you that you need to look after number one, and stitch up anyone and everyone to get the better role. You're in business, so act like it.

Some will tell you that you give contractors a bad name, and once you've agreed the contract you should stick to it.

They are a very big client, so I assume if I did do this and effectively leave them in the lurch, they would 'forget' after a period of time?

I wouldn't bet on it. Depending on the work you do, you may find that the world is smaller than you expect and people will hold a grudge. I know of a long-running Oracle project that I've no chance of getting on, because the guy running it is a **** and won't have me on the team. Just because he holds me responsible for him being made redundant about 9 years ago (which wasn't entirely my doing, but I wasn't sad to see the back of him!)

Do you think the agency would keep a record of this and effectively blacklist me from future work with them?

Most agencies will forget about it quicker than the client. If they need you, then they will come back to you when they have a matching role (or in the case of Computer Futures, when they have any role whether it matches or not!). Some agencies I know do have a black list - but it tends to be for people that they have had feedback on their work rather than for not starting.

My guidelines above give you the wriggle room to get out if you want to. Particularly if you have a contact with the client - you can get your story in first, and blame the agency for not agreeing the contract with you.....

[greyanatomy]

Oops!!!

Thanks for the advice, I havent signed contract yet, have negotiated a start date the day after decission, but how c****y would it be of me to say no on start date??!!!

Not professional and not normally my style, but does the end goal always justify the means?

They are a very big client, so I assume if I did do this and effectively leave them in the lurch, they would 'forget' after a period of time?

Do you think the agency would keep a record of this and effectively blacklist me from future work with them?

[TheFaQQer]

Thanks, your right, would it bother me normally?

Oh, and you're!!!

[TheFaQQer]

Thanks, your right, would it bother me normally? No, however, there is a better contract that I am in the running for, but wont know until next week, this contract wants me to start on Monday.

Now normally, I would not be greedy, a contract in the hand etc, but the other contract is excellent.

So, if I did start this new contract for a couple of days and I got the other one, which I would accept, I supposed I would be in deep doodoo..........

The FAQ guide to handling this.....

1 - Verbally accept this role "subject to agreeing a contract"

2 - Tell the agent that you need to send the contract to someone to review, e.g. Qdos

3 - Leave it a few days.

4 - When they chase you for a response, explain that you are awaiting a response, and have expressed the urgency to them, but will chase.

5 - Leave it another day or so.

6 - When the agent tells you that you can start work without a written contract, tell them that your insurance wouldn't cover you if anything went wrong and didn't have a written contract in place. If they still want you to start, then you need something in writing from the client and agency indemnifying you from any legal action.

7 - If you get this indemnity, then take the role - it's golden! But, you won't get it.

8 - Hope that the other role works out.

If you have a client contact, explain to them the situation at all times - get your side of the story in first. As soon as you explain to the client that you won't be insured, they will make sure that they wait for a written contract.

[greyanatomy]

Thanks, your right, would it bother me normally? No, however, there is a better contract that I am in the running for, but wont know until next week, this contract wants me to start on Monday.

Now normally, I would not be greedy, a contract in the hand etc, but the other contract is excellent.

So, if I did start this new contract for a couple of days and I got the other one, which I would accept, I supposed I would be in deep doodoo..........

[wim121]

More likely a typo for "new"?

*palmface*

Oooooooops

[TheFaQQer]

NWE contract?


Is that the name of the company you have a contract with?

Or am I misunderstanding what you mean when you type Nwe?


If it is the above however, feel free to let me know the name of the company in private if you like ....

More likely a typo for "new"?

[TheFaQQer]

I have been offered a new contract, but on reading, there is no notice period for my company, only a notice period for the agency or the client, I have never seen this before.

It has sent alarm bells ringing, I have been told by the agency that this is the norm with this client, and is more IR35 compliant???

Any comments much appreciated...

This is becoming more the norm these days, with clients worried that contractors will just disappear out of the blue with no notice etc. Reading CUK, I don't know where they could get such a suggestion from.

Some (e.g. your agent) will argue that it's better for IR35 because you are being engaged by the client to deliver something come what may. Some (e.g. QDos) will argue that it's bad for IR35 because it gives the impression of MOO, whether it intends to or not.

Some agencies will take it out if you ask them to, some will not - probably because they worry the same thing (plus maybe they worry that you will walk with no notice and then go direct and cut them out, I don't know). I don't see the harm in the clause to be honest, it certainly wouldn't be a show-stopper for me if the agency refused to remove the clause.

[greyanatomy]

Sorry, that should read 'new' contract.......

[greyanatomy]

Thanks for the reply, do you think its dodgy that my company would have no notice period though? When I questioned the agency they said that 'the client wouldnt want you to stay if you didnt want to stay', but it seems very one sided to the client?

Would you take a contract without a notice period for yourself?

Many thanks

[wim121]

I have been offered a new contract, but on reading, there is no notice period for my company, only a notice period for the agency or the client, I have never seen this before.

It has sent alarm bells ringing, I have been told by the agency that this is the norm with this client, and is more IR35 compliant???

Any comments much appreciated...

NWE contract?


Is that the name of the company you have a contract with?

Or am I misunderstanding what you mean when you type Nwe?


If it is the above however, feel free to let me know the name of the company in private if you like ....

[pmeswani]

I have been offered a new contract, but on reading, there is no notice period for my company, only a notice period for the agency or the client, I have never seen this before.

It has sent alarm bells ringing, I have been told by the agency that this is the norm with this client, and is more IR35 compliant???

Any comments much appreciated...

Get the contract reviewed by an IR35 specialist. They can give you a definitive advice on whether your contract is compliant or not. It may be one indicator, but not necessarily an IR35 fail. It depends on how long your contract is for, working practices, MOO, etc., etc.

[greyanatomy]

I have been offered a new contract, but on reading, there is no notice period for my company, only a notice period for the agency or the client, I have never seen this before.

It has sent alarm bells ringing, I have been told by the agency that this is the norm with this client, and is more IR35 compliant???

Any comments much appreciated...