Working for IBM outside IR35 ?

[Platypus]

Hi there, is anyone contracted to IBM UK through S3 / Hays and - crucially - outside IR35?

If yes, please PM me.... I've heard that Hays contracts are not IR35-friendly.

TIA !

[northernladuk]

That was a long time ago. Couple of threads on it in the past but I'm sure there are others more recently that have stated the situation has changed.

Edit : That said I can't find any threads specifically stating all the contracts are IR35 friendly. There are a couple of posts from people saying it was OK for them or Hays was willing to change it post review from QDOS though.

I'd be surprised if S3's aren't with the amount of time Andy Hallett spent on here.

[Qdos Contractor]

The standard Hays terms ('PSC ToA HSR 03.17' - believe these are the most recent) are, in our opinion, IR35 friendly. Obviously this doesn't take into account any client/role specific schedules or appendices which should be individually checked.

[Eirikur]

Three years ago Hays were willing to change my contract after it initially failed QDos review (was not for IBM though)

[bassy]

I've just been sent through a Hays contract which they wanted signed without seeing the schedule or the ACL (acceptance criteria letter) even though the contract references criteria in the ACL in some clauses. This would make it difficult to sign as I don't know if the ACL terms are acceptable. I'm not sure what version of the contract this was as I couldn't see the number anywhere but on an initial run through I turned it down.

There were also a few other things I didn't like - such as requesting permission for time off from the agency and client, being able to audit my company without notice. And a D&C one which was not as flexible. In fact some of these terms when I searched on these forums came up in a couple of posts from a year or so ago so I am unsure if I have an older version of the contract.

This is not for IBM though. They may possibly be amenable to changes I don't know but I am in a position where I don't have to take it and have another offer on the table with a more 'friendly' contract which I don't have to probably jump through hoops to have changed. If I didn't have this backup then I may have tried to get the terms altered.

Just editing to say that I had a response back and they will not change the terms as they are used by all contractors in the UK and Qdos have in the past accepted the terms and will indemnify contractors for IR35.

[Platypus]

Thanks all, sorry for the belated reply, but very helpful replies. TY.

[northernladuk]

Thanks all, sorry for the belated reply, but very helpful replies. TY.

NP. Hopefully we'll see your Boomed thread in General soon.

[quackhandle]

I just remember Hays getting all sniffy when you asked to make any alterations to the contract (after a review), but once you said fine, I can't do the gig then, they would suddenly allow them.

qh