Reply to: Work not as described

[psychocandy]

I think because most agents contracts do make some attempt at being IR35 compliant nowadays, no agent realistically is gonna pull that one. Could happen, but come on...

Be vigilant I agree, but dotting every i and crossing every t will mean more often than not u will lose the gig or get a rep for being a knob...

Not sure I agree here. Admitedly, dont act like an awkward twat for the sake of it but, dont be pushed into something thats not sorted out.

[captainham]

You haven't just recently married Podgy have you?

[northernladuk]

NLUK could you please give it a rest?
I DID NOT LIED ON MY CV. I NEVER HAVE.

Jesus, you dont even know me...[/QUOTE]

No but considering it a possibility to lie on your CV and turning up to gigs without having reviewed the contract tell me enough.

You haven't just recently married Podgy have you?

[acontractor]

[QUOTE=northernladuk;1620383]Would be pure karma if you got this gig by lying on your CV as you suggested in the thread you started on the 5th.

NLUK could you please give it a rest?
I DID NOT LIED ON MY CV. I NEVER HAVE.

Jesus, you dont even know me...

[northernladuk]

Would be pure karma if you got this gig by lying on your CV as you suggested in the thread you started on the 5th.

And just to give jmo21 something to post on today....

I complained hard about them misrepresenting the contract and they sacked me.

You don't get sacked as a contractor

3. Slang Dismissal from employment:

from sacked - definition of sacked by the Free Online Dictionary, Thesaurus and Encyclopedia.

[stek]

Still cant believe the OP did this? How on earth can you show up without even seeing the contract?

Whats to stop them putting your rate down to £1 a day? Really dull thing to do.

I think because most agents contracts do make some attempt at being IR35 compliant nowadays, no agent realistically is gonna pull that one. Could happen, but come on...

Be vigilant I agree, but dotting every i and crossing every t will mean more often than not u will lose the gig or get a rep for being a knob...

[ACYork]

Similar to what happened to me

I made a post here a couple of months ago about something similar (http://forums.contractoruk.com/busin...you-stick.html), though in my case I had the contract signed ok before I started. I was stupid enough to miss something in the notice period section of the T&Cs about explicit permission to serve notice needing to be given on the notes page, so just assumed that the fact there was a notice period on the notes meant that I could give notice. Anyway, long story short I complained hard about them misrepresenting the contract and they sacked me. I'm happy enough with that as I'd rather be out than in, even if I'm developing my own stuff, however I started looking at contractual misrepresentation: Misrepresentation - Wikipedia, the free encyclopedia and I figured, if they sent me a job description that caused me to sign the contract then I still have grounds to sue for misrepresentation if they refuse to pay. You could probably dissolve the contract hassle free if you have an e-mail with a job description that doesn't match your job, though you will definitely want to check that with a lawyer first.

[psychocandy]

Still cant believe the OP did this? How on earth can you show up without even seeing the contract?

Whats to stop them putting your rate down to £1 a day? Really dull thing to do.

[psychocandy]

So it means my last chance is to talk to the person in charge here and show my concern and hope that he will let me go!?

I assume this contract is via agency and not direct? They might be interested too you know.

I think the phrase here is SAW YOU COMING

[psychocandy]

They only forwarded the contract last night. Didnt gave me any chance to read . (They prob. didnt want me to!)

Seriously. Why on earth did you agree to start?

Too late now. Way too late. Should have looked at contract and got it reviewed before even thinking about starting work.

Agency trick mind. They know once you've started its too late. Next contract:-

1. Once you get offered, tell agent you're accepting subject to contract.
2. Get him to send now!
3. Get it reviewed for IR35 and get it changed if need be.
4. No matter how much agent squeals (and they will) do not start until contract is sorted. Remember, agent doesnt care he just wants you in there and earning a cut for him.
5. Read the basics about contracting or quit and go back to permie.

[SueEllen]

I'm not sure about this. If he had the contract before he started and just didn't sign it, fair enough, but if he started work before seeing the contract (foolish as this may be), then gets the contract and decides there are undesirable terms in it, I don't see that his starting work has by default made him accept all the terms in it - what if the contract said he had to give them his house and his wife? (ok silly example but you get the point).

I think providing you don't leave it too long now you've got the contract, you can still bail out and say you never knew about the 4 weeks notice until the contract was received and you don't accept that notice period therefore you are leaving immediately. I just don't see how they can hold you to a notice period you knew nothing about until the contract turned up.

Obviously you shouldn't have started work until the contract was received and signed, but I don't see how they can hold this against you if they asked you to start straight away and didn't send the contract until afterwards.

Doesn't work like that I'm afraid - you are a business not an employee.

Even as an employee depending on what part of the contract is you find disagreeable you can still be shafted so the rule is always - You negotiate contracts before you start otherwise expect to get shafted.

[northernladuk]

I'm not sure about this. If he had the contract before he started and just didn't sign it, fair enough, but if he started work before seeing the contract (foolish as this may be), then gets the contract and decides there are undesirable terms in it, I don't see that his starting work has by default made him accept all the terms in it - what if the contract said he had to give them his house and his wife? (ok silly example but you get the point).

A good point. Re-reading the OP's original text he doesn't indicate whether he got it before or after he started. I had assumed he wouldn't be so ******* stupid to walk on site without seeing the contract.

Obviously you shouldn't have started work until the contract was received and signed, but I don't see how they can hold this against you if they asked you to start straight away and didn't send the contract until afterwards.

If you are dumb enought to turn up on site without even seeing the contract you deserve everything you get IMO. He is a business and should act like one. Telling the agent he won't attend site until he has visibility of the contract isn't hard and I bet it would have turned up within minutes of him telling them this.

[Willapp]

Nope. By turning up you have accepted the terms so you now have an implied contract...

What is implied contract? definition and meaning

I'm not sure about this. If he had the contract before he started and just didn't sign it, fair enough, but if he started work before seeing the contract (foolish as this may be), then gets the contract and decides there are undesirable terms in it, I don't see that his starting work has by default made him accept all the terms in it - what if the contract said he had to give them his house and his wife? (ok silly example but you get the point).

I think providing you don't leave it too long now you've got the contract, you can still bail out and say you never knew about the 4 weeks notice until the contract was received and you don't accept that notice period therefore you are leaving immediately. I just don't see how they can hold you to a notice period you knew nothing about until the contract turned up.

Obviously you shouldn't have started work until the contract was received and signed, but I don't see how they can hold this against you if they asked you to start straight away and didn't send the contract until afterwards.

[northernladuk]

Do you need help with everything? What do you do when you need the toilet but there is no one around to ask??

WHS... Your lack of thinking got you in to this situation... You should never start without a signed contract. So now you are where you are it is time to start thinking like a business and apply some common sense....

[JamJarST]

So it means my last chance is to talk to the person in charge here and show my concern and hope that he will let me go!?

Do you need help with everything? What do you do when you need the toilet but there is no one around to ask??