- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Recruitment Agency does not supply a contract for a contract?"
Collapse
-
Tell the agency that you have a standard contract and you will be taking it to the end client with the intention of entering a direct contract with them. They may get the point then.
-
Originally posted by Dominic Connor View PostA lack of a written contract does not mean a lack of contractual relationship.
Verbal commitments, "industry norms", the actions of a reasonable person and many other things can be taken as part of that. It's cruelly complex to sort this stuff out and I'm so far from being a lawyer than I can state as fact that I've probably missed half the factors.
Payment terms ?
Notice period ?
Who is the contract with ?
That's an issue, for all you know the contract is with the agent, or his cat.
You have reached some sort of agreement with an agent, does his boss know ?
What if the firm has a policy of 20% margins and you've negotiated 12% ?
I would not in any way be shocked if the day before you start you got a call saying "my boss says we can only pay you X", where £X is rather less than you agreed leaving you with the options of losing pay whilst you looked for a new assignment or losing pay whilst you work.
I can't even guess at the IR35 implications, but will bet they are bad.
The only time I ever hired a contractor without a contract was when the tulip had hit the fan big time and said "go there sort the tulip out and we'll sort the money", but this guy had known me for 15 years so knew I wouldn't shaft him.
I was also very surprised as I myself would never contract anyone without a written contract. This is the only recruiter I dealt with who does not understand this.
Leave a comment:
-
Originally posted by SueEllen View PostNo
You have already been told what to use. The PCG contract isn't a random one.
Also if you are in England you do have a contract with the agency it's just not a written one. This means if anything goes wrong you are screwed.
Leave a comment:
-
Ending in tears
A lack of a written contract does not mean a lack of contractual relationship.
Verbal commitments, "industry norms", the actions of a reasonable person and many other things can be taken as part of that. It's cruelly complex to sort this stuff out and I'm so far from being a lawyer than I can state as fact that I've probably missed half the factors.
Payment terms ?
Notice period ?
Who is the contract with ?
That's an issue, for all you know the contract is with the agent, or his cat.
You have reached some sort of agreement with an agent, does his boss know ?
What if the firm has a policy of 20% margins and you've negotiated 12% ?
I would not in any way be shocked if the day before you start you got a call saying "my boss says we can only pay you X", where £X is rather less than you agreed leaving you with the options of losing pay whilst you looked for a new assignment or losing pay whilst you work.
I can't even guess at the IR35 implications, but will bet they are bad.
The only time I ever hired a contractor without a contract was when the tulip had hit the fan big time and said "go there sort the tulip out and we'll sort the money", but this guy had known me for 15 years so knew I wouldn't shaft him.
Leave a comment:
-
Originally posted by SueEllen View PostYou have already been told what to use. The PCG contract isn't a random one.
Boo
Leave a comment:
-
Originally posted by Wanderer View PostWho is the agency? Is this for real? You are winding us up aren't you.
I would just give them a copy of the PCG contract and tell them those are my terms of business.
Leave a comment:
-
-
Originally posted by Gulliver View PostI've come across a recruitment agency who says that they don't supply contractors with a contract.
I would just give them a copy of the PCG contract and tell them those are my terms of business.
Leave a comment:
-
Originally posted by Gulliver View PostI don't fancy finding a random template on google. Unless you could recommend me one.
Let me google that for you.
Leave a comment:
-
Originally posted by Gulliver View PostDo you think I could use any of my previous recruiter's contract as a template?
Did you have it checked for IR35? Did you have it checked for decent business terms? If so, and you are happy with everything, then great.
I wouldn't, though. I'd find one that I liked the look of, and then tailored it to what I wanted. This is a golden opportunity for you to do what you want - if the agency aren't going to provide a contract, then you can write what you want into it.
I'd start with invoicing every Friday, payment to be made via BACS no later than the following Tuesday....
Originally posted by Gulliver View PostI don't fancy finding a random template on google. Unless you could recommend me one.
Any recommendation from anyone on here, unless you know them personally, is as worthless as going onto Google yourself, surely?
Leave a comment:
-
Originally posted by Gulliver View PostDo you think I could use any of my previous recruiter's contract as a template?
Originally posted by Gulliver View PostI don't fancy finding a random template on google. Unless you could recommend me one.
Also if you are in England you do have a contract with the agency it's just not a written one. This means if anything goes wrong you are screwed.
Leave a comment:
-
Originally posted by Gulliver View PostHi,
I've come across a recruitment agency who says that they don't supply contractors with a contract. All of my other recruiters supply me with a contract before the start of the contract which has to be signed by me and includes the terms and conditions of working at the client.
This very recruiter have already given me 3 works and paid so they are not a scam. But it really bothers me that I don't get an official contract with all my rights and obligations laid out as a contractor. Also, my insurance provider (qdos) only covers me for work where there is a contract.
Any ideas?
Leave a comment:
-
Originally posted by Gulliver View PostAny ideas?
Leave a comment:
-
Recruitment Agency does not supply a contract for a contract?
Hi,
I've come across a recruitment agency who says that they don't supply contractors with a contract. All of my other recruiters supply me with a contract before the start of the contract which has to be signed by me and includes the terms and conditions of working at the client.
This very recruiter have already given me 3 works and paid so they are not a scam. But it really bothers me that I don't get an official contract with all my rights and obligations laid out as a contractor. Also, my insurance provider (qdos) only covers me for work where there is a contract.
Any ideas?Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Andrew Griffith MP says Tories would reform IR35 Oct 7 00:41
- New umbrella company JSL rules: a 2026 guide for contractors Oct 5 22:50
- Top 5 contractor compliance challenges, as 2025-26 nears Oct 3 08:53
- Joint and Several Liability ‘won’t retire HMRC's naughty list’ Oct 2 05:28
- What contractors can take from the Industria Umbrella Ltd case Sep 30 23:05
- Is ‘Open To Work’ on LinkedIn due an IR35 dropdown menu? Sep 30 05:57
- IR35: Control — updated for 2025-26 Sep 28 21:28
- Can a WhatsApp message really be a contract? Sep 25 20:17
- Can a WhatsApp message really be a contract? Sep 25 08:17
- ‘Subdued’ IT contractor jobs market took third tumble in a row in August Sep 25 08:07
Leave a comment: