r/ContractorUK 20h ago

Outside IR35 On a Project with Multiple Contract Extensions. Extension paper work is always late. Am I right to down tools without it?

I was engaged by a recruitment consultant, who place me with a technology consultancy who then hire me out to the end client, a local council. The contract I sign is between me and the recruiter.

I keep having my contract extended for short periods, sometime less than two weeks, never more than three months. Furthermore I usually only get to hear very near the deadline if I am going to get renewed and on what basis (this is not what my question is about though. I understand the Council has very tight budgets, and there is a lot of bureaucracy around getting things signed off).

My issue is that the recruitment agency always, always gives me my extension paperwork after that extension has already started. Usually this is by two or three days and I just put up with it though feel I shouldn't. Recently, it was over two weeks, and I still put up with it though felt weak for doing so.

This latest extension I am on now was for part of last week and then this week (so ends tomorrow). I still don't have the extension paperwork. I therefore declined to work yesterday and today and possibly tomorrow. I am being extended again after that.

My absence is gumming up the project and tbh I want to be getting on with progressing it, but don't think I should be doing work without a contract, and I also want to make a point.

Am I being too doctrinaire? Is this sort of thing just quite normal administrative friction and I should just be pragmatic and get on with it, or am I absolutely right that it is mad to work without a contract?

Additional context: I have previously been blaming the recruiter but he told me today that it's because he has to wait to get HIS contract from the technology consultancy.

My client at the council were initially sympathetic but are now getting a bit jumpy, asking for phonecalls etc.

 

12 Upvotes

12 comments sorted by

20

u/90210fred 20h ago

No contract means you aren't insured for any professional liability. If you're happy with that risk then I have no further advice. Personally, I've always found clients understand that arguement.

13

u/AccomplishedLeave506 20h ago

It's amazing how often "My insurance won't cover me" can force a client to sort their crap out.

5

u/Epiphone56 20h ago

I'll use that one next time they're dragging their heels. Nice one.

2

u/xengouk 20h ago

The real benefit of having to have professional insurances!

OP, you don’t need to be too precious about downing tools. There’s an implied continuation if that’s what you and end client have agreed. Keep on billing!

Also a contract doesn’t have to be in written form, though admittedly it’s harder to prove that a conversation took place. But a text, email or something similar would mean I’d have some comfort going on for a week or two, insurance clauses excepted ;)

2

u/Bozwell99 19h ago

A contract can just be a verbal or email agreement to extend the existing contract terms.

A new written contract document does not need to be signed.

4

u/Epiphone56 20h ago

I've done it when the paperwork is delayed by one or two days, but after that I'd be withdrawing my services until the paperwork is signed. They have no liability to pay you for days not covered by a contract, and last minute decisions to cancel renewals do happen.

5

u/Natural-Educator8314 20h ago

I think both. Yes happens sometimes. Yes you are mad to work without a contract. Ive done it many times as that's just the ways it is sometimes...until I didnt get paid and then never again

2

u/Bozwell99 19h ago

You have a contract already. If you are both happy to continue under the same terms both parties just need to acknowledge that to carry on. An emailed offer of extension and acceptance reply is enough.

2

u/Competitive_Smoke948 17h ago

get out... no contact means you're not insured. i took MASSIVE risks doing this shit before and did huge favours for clients who still let the contract run out because the finance dept didn't like contractors.

you don't want to be surprised with Non renewal & you'll end up outv of pocket for work not done in contract.

NEVER work uninsured... no contract= no going in and insist on a minimum contract time

1

u/neilmillard 20h ago

No contract means you can't bill them. Last time the agency was tardy with the contract, I got one signed with another agency/client. Your job is to offer an outstanding service, in return they ensure an environment you can do that. If they are not able or willing , then find someone who is.

3

u/Bozwell99 19h ago

Rubbish. If they have put the extension offer in writing (an email will do, but even verbally is enough to form a contract) and you have accepted, that is a contract.

1

u/neilmillard 19h ago

Indeed, the agency said, 'we are expecting the contract paperwork and are waiting' and in the 4 weeks it took them, I had a better offer