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  1. #1

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    Default Contract and training

    Offered new gig and just going through contract. There is a provision for training...

    The Contractor shall bear the cost of any training which the Contractor Staff may require in order to perform the Contractor Services.

    Is this usual, not seen it before. Bit worrying because I've already told them that I have limited experience in one of the core techs they use and there will be some on the job learning.

    Worrying over nothing?

  2. #2
    eek
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    Quote Originally Posted by woohoo View Post
    Offered new gig and just going through contract. There is a provision for training...

    The Contractor shall bear the cost of any training which the Contractor Staff may require in order to perform the Contractor Services.

    Is this usual, not seen it before. Bit worrying because I've already told them that I have limited experience in one of the core techs they use and there will be some on the job learning.

    Worrying over nothing?
    It's a strange term but I can see the logic - if you need a training course / book you need to pay for it... Still don't like the term being in a contract though so would get it checked out...
    merely at clientco for the entertainment

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    Quote Originally Posted by eek View Post
    It's a strange term but I can see the logic - if you need a training course / book you need to pay for it... Still don't like the term being in a contract though so would get it checked out...
    Yep going to send through to qdos now, just not seen it before.

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    Quote Originally Posted by eek View Post
    It's a strange term but I can see the logic - if you need a training course / book you need to pay for it... Still don't like the term being in a contract though so would get it checked out...
    I thought that training was only truly available as a tax break for a LTD under this very situation.

    i.e. if you need the course or training to perform relevant contracted services it was allowable?

    If they know you lack a few skills in a core tech, they may have put this in to protect themselves?
    Still, never seen this sort of clause before, either.

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    I've seen something similar before. I was quite happy for it to be in and I don't remember QDOS picking it up. If a new tech comes in and all the perms have to go on a training course for it you wouldn't expect to be sent on it with them. Up to us to have the skills to be able to sell back to the client.

    You could argue it's a pointer to outside but it's pretty minor tbh. I'd say someone was just being a bit overly cautious when writing the contract.

    This article..

    http://www.contractorcalculator.co.u...can_claim.aspx

    says

    Accepting formal training from a client also suggests that the contractor is working within IR35. Large companies would normally invest in training for their employees, and a contractor accepting a ‘free’ training course from a client could attract the attention of HMRC.
    so that clause directly addresses this.
    Last edited by northernladuk; 17th July 2017 at 08:15.
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  6. #6

    Contractor Among Contractors

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    Quote Originally Posted by northernladuk View Post
    I've seen something similar before. I was quite happy for it to be in and I don't remember QDOS picking it up. If a new tech comes in and all the perms have to go on a training course for it you wouldn't expect to be sent on it with them. Up to us to have the skills to be able to sell back to the client.

    You could argue it's a pointer to outside but it's pretty minor tbh. I'd say someone was just being a bit overly cautious when writing the contract.

    This article..

    Training expenses - what contractors can claim

    says



    so that clause directly addresses this.
    I agree with you it's probably nothing to worry about. Not sure I agree with your logic about being in a contract and new tech is introduced. I would negotiate with the client about paying for the course.

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    Contractor Among Contractors

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    Quote Originally Posted by MrMarkyMark View Post
    If they know you lack a few skills in a core tech, they may have put this in to protect themselves?
    .
    It's possible. I've made it clear to the agent and the end client that there is on the job learning. But they could say you need a two week course, pay for it.

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    eek
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    Quote Originally Posted by woohoo View Post
    I agree with you it's probably nothing to worry about. Not sure I agree with your logic about being in a contract and new tech is introduced. I would negotiate with the client about paying for the course.
    +1. Why would I willingly pay for a course for a technology I (in all likelihood) would never use again....
    merely at clientco for the entertainment

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    Quote Originally Posted by eek View Post
    +1. Why would I willingly pay for a course for a technology I (in all likelihood) would never use again....
    That is up to you .

    As I said, its the one way your LTD can properly take advantage of the tax break for training.
    It has to be needed to perform services as per a live contract for a tax break to apply.

    Getting the client to pay could be seen as an IR35 pointer, IMO.

  10. #10

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    Hmmm. Depends what it means. If client says "you need to learn this" then fair enough I'll but the book for 30.

    If they say, all the permies are off on this course and we want you to pay for yourself. 2000+ hotel. Ummm no way.
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