Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
firesafety101  
#1 Posted : 01 June 2018 15:23:23(UTC)
Rank: Super forum user
firesafety101

Hi everyone.

I recently gained some h&s consultant work with a new client.  In their accreditation annual review they have been asked for a copy of their agreement with me.  There is no such agreement so one has to be written.

Any offers of advice as to what it should contain.

Many thanks.

Ian Bell2  
#2 Posted : 01 June 2018 15:57:37(UTC)
Rank: Super forum user
Ian Bell2

So you work 'at risk' with out a contract?

What happens if your client doesn't pay? How do you show that the client owes you money, if there is no contract? 

Your contract should outline your terms and conditions agreed between you, deliverables offered as part of the contract, governing laws. Most importantly terms of payment - invoice time, time for payment.

How disputes will be resolved. If truly self employed, a right of substitution

Unbelievable, consultants work without contracts.

thanks 1 user thanked Ian Bell2 for this useful post.
watcher on 04/06/2018(UTC)
Zyggy  
#3 Posted : 01 June 2018 17:20:39(UTC)
Rank: Super forum user
Zyggy

Firesafety 101, if you PM me your email address I will happily send you a copy of the Service Level Agreement/contract that I use with my clients & you can amend/add as you see fit. As with anything of a legal nature, it will be your responsibility to ensure that it meets the necessary criteria & you may wish to pass it by a friendly legal bod!!
thanks 1 user thanked Zyggy for this useful post.
firesafety101 on 01/06/2018(UTC)
firesafety101  
#4 Posted : 01 June 2018 18:18:51(UTC)
Rank: Super forum user
firesafety101

Ian Bell2. I believe we have communicated in the distant past. Thank you for your response although not very helpful. I have been self employed for more than ten years, usually keep with the same clients but occasionally drop one or two due to them being funny about some stuff, and gain others through recommendation as with this new client. Never had a need for written agreements as we all trust each other, there is sometimes the chase for payment but usually get the cheque promptly. Those who have delayed or refused to pay usually pay up at the threat of the Small Claims Court, a simple letter to them containing that threat always does the job. As I wrote this has only become a need due to the competence check requiring proof that I am what I am and that I have the necessary qualifications also having the business agreement. I can see that is protecting both the company and myself. Thanks again Ian.
peter gotch  
#5 Posted : 02 June 2018 14:37:23(UTC)
Rank: Super forum user
peter gotch

"Thank you for your response although not very helpful."

Ian was spot on.

Your experience of threatening clients with Small Claims Court says very little, since you have not got there where the absence of an explicit contract means that you would be struggling.

Judge Rinder (day time TV) would despair!

Ian Bell2  
#6 Posted : 02 June 2018 18:23:40(UTC)
Rank: Super forum user
Ian Bell2

Thanks, Peter for the comment.

SNS  
#7 Posted : 03 June 2018 20:15:45(UTC)
Rank: Super forum user
SNS

As an extra comment, this kind of thing is becoming more requested during compliance audits in the 'how do you engage with contractors' areas leading to policy provision etc.

watcher  
#8 Posted : 04 June 2018 08:47:42(UTC)
Rank: Forum user
watcher

Originally Posted by: firesafety101 Go to Quoted Post
Ian Bell2. I believe we have communicated in the distant past. Thank you for your response although not very helpful. I have been self employed for more than ten years, usually keep with the same clients but occasionally drop one or two due to them being funny about some stuff, and gain others through recommendation as with this new client. Never had a need for written agreements as we all trust each other, there is sometimes the chase for payment but usually get the cheque promptly. Those who have delayed or refused to pay usually pay up at the threat of the Small Claims Court, a simple letter to them containing that threat always does the job. As I wrote this has only become a need due to the competence check requiring proof that I am what I am and that I have the necessary qualifications also having the business agreement. I can see that is protecting both the company and myself. Thanks again Ian.

Now why am I not surprised at this.  :-)

I can't believe you have no agreement in place.  Still, at least you're addressing it now. 

Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.