Freelancer contract dispute

[MusterMark]

I have a friend who is a freelance worker. She usually works directly for clients, but recently was offered work through an agency.

The work involves daily attendence at the agency's client's site.

She was given a contract by the agency, but this was never signed and returned to the agency. However, she started work and submitted invoices which were paid by the agency.

The client has now ended the contract (not because of my friend's work).

The contract has a 1 month notice period. The agency has not given notice, but stated that because the contract was not signed and returned, its terms do not apply.

My friend believes that as she started work, and was paid, she has been working under the contract as written and is entitled to the paid notice period.

Who is correct?

The reason you haven't had a response is that no one who is a lawyer who posts in Legal knows the answer. You may be better off posting this in the Employment section.

My understanding is that continuing to work after having been sent a contract but not signed it is acceptance of those terms, but don't rely on this. It's not my area and I don't know enough about it.

Might not prevent some with no legal training confidently offering their opinion though.

I’d call ACAS and ask them. They usually offer free advice on employment issues like this.

Thanks. I may post in employment but I understand my friend is now discussing with a solicitor. I am familiar enough with the Legal board to skip the uninformed responses :)