Can I go ahead with a faxed contract?

[AtW]

I put everything else I earn in my pension.

You are a brave man...

[IR35 Avoider]

I thought you retired sometime ago?

I think of myself as retired, while continuing to work 3 days a week. Apart from a 5K salary which pays for my car (including diesel and congestion charges for travelling to work) I put everything else I earn in my pension.

I took the decision a few years ago that when current client stopped wanting me that that would be it, unfortunately they keep asking me to work. (They have tried to stop wanting me a few times, but they always eventually want me back. Longest continuous period off was seven months in 2002, when they replaced me with permie. A few years later, he's left, and I'm now back, apparently indefinitely.)

Having said that, three days a week (Monday, Wednesday, Friday) is really easy to cope with - don't think I could cope with five days a week.

Am sometimes having trouble filling up the other days, so until I work that out there's no rush to quit altogether. I've already done/tried all the things I thought I was going to do - need new projects now.

[AtW]

According to one of my contract lawyer friend's AtW's advice is correct regarding contract agreements.

I am pleased to see someone actually reads what I post, fancy another red wine drink?

[SueEllen]

Not a lawyer, but I think you should be allright - even verbal contract has legal force, an email exchange with agreed contractual obligations should stay in court, and faxed copy should be almost as good as real deal - at least for low valued things, ie if you were selling diamonds then trusting fax would probably be foolish, but in this case it should be allright. Don't blame me if it won't be though - the risk is always yours, but if I was in your position (barring any obvious errors in contract) I'd accept it.

According to one of my contract lawyer friend's AtW's advice is correct regarding contract agreements.

Just make sure if you doing stuff by email you ensure the proper details of the party you are dealing with are present in the signature of the email.

[AtW]

I think I do usually have to follow up with a signed document before they will actually pay the first invoice, but I suspect that it just "belt and braces" on their part.

I thought you retired sometime ago?

[IR35 Avoider]

It's a question of what will be accepted in court as proof the contract was agreed. Faxed signed documents have always (since I can remember) been as good as originals. New legislation means emails will do now. My agency emails me a contract and asks me to forward it back to them indicating my acceptance. (Forward rather than reply so the attachment is not discarded.) I think I do usually have to follow up with a signed document before they will actually pay the first invoice, but I suspect that it just "belt and braces" on their part.

[bored]

Do people still use fax?

I gather there’s case law for telegraph messages dating back donkey’s years, let alone fax. Though that may be America…

Indeed. Here is one case that I know of, dated 29th July 1893:

http://www.bailii.org/uk/cases/UKPC/1893/1.html

[TimberWolf]

Do people still use fax?

I gather there’s case law for telegraph messages dating back donkey’s years, let alone fax. Though that may be America…

[Paddy]

As someone knows, some contracts have very short notice to start. sometimes, I got a signed contract by fax from agency. I just wonder if there is any legal problem when I start a contract with a faxed contract. Thank you for your advice.

Faxed signatures on contracts are legally binding. The law was changes some ten years ago,

The best contract I had took five mins to interview over the phone. Was faxed and signed an hour later. Flew out to client next morning.

[DimPrawn]

No.

All IT contracts must be signed in the blood of a virgin recruitment agent.

HTH

[thunderlizard]

You're fine. The important thing is that both parties signal an unambiguous intention to abide by the contract, and exchanging signed faxes achieves that.

[bored]

IANAL but if you agree to their terms and have not made a counter offer then in your situation it is sufficient to communicate to the agency (ex. by email) that you accept the contract and the contract will be binding.

[AtW]

Not a lawyer, but I think you should be allright - even verbal contract has legal force, an email exchange with agreed contractual obligations should stay in court, and faxed copy should be almost as good as real deal - at least for low valued things, ie if you were selling diamonds then trusting fax would probably be foolish, but in this case it should be allright. Don't blame me if it won't be though - the risk is always yours, but if I was in your position (barring any obvious errors in contract) I'd accept it.

[SandyDown]

As someone knows, some contracts have very short notice to start. sometimes, I got a signed contract by fax from agency. I just wonder if there is any legal problem when I start a contract with a faxed contract. Thank you for your advice.

Nope, on many occasions I started a job without even receiving a contract!! the fact you showed up on client site means you accepted the contract. You can sort out the paperwork after starting.

[topgun]

As someone knows, some contracts have very short notice to start. sometimes, I got a signed contract by fax from agency. I just wonder if there is any legal problem when I start a contract with a faxed contract. Thank you for your advice.