Client / Agency contract -- missing MyCo name !!

[malvolio]

Oh do keep up chaps - I've been saying this for at least two years now.

[Denny]

Oh do keep up chaps - I've been saying this for at least two years now.

I've been saying that for at least 2 years and a day.

So there!

[To BI or not to BI?]

Oh do keep up chaps - I've been saying this for at least two years now.

That's all very well, but what's the solution?

[Spacecadet]

I thought the only contract you needed to be concerned with was the one between your company and the agency.

The agency-client contract was between them, the wording of it could be anything as you're supplying the agency with services (that are then passed on to the end client) not the end client directly.

The fact that you're mentioned in person on the agency-client contract is actually an error by the agency as the contract they've signed with your company does not name you personally, so they cannot in turn make a promise to the client that you will be the one doing the work.

Also each contract is supposed to be confidential, ie you're not suppose to see the agency-client contract and the client is not supposed to see yours.

Hector should not be concerned with the agency-client contract when dealing with your company, you have no input into its wording and, as stated, the contract is between the agency and the client, not between the client, agency and yourself/company.

I myself, if caught by the taxman and questioned over the agency-client contract would simply state that I had nothing to do with that contract. Mine is with the agency. They are the ones i deal with and invoice and they are the people responsible for paying my invoices. For all I care, the agency could offer Mickey Mouse as a replacement if I failed to turn up for work. My contract clearly states that I can replace myself with someone who the agency (not the client) agree is suitable. Of course the agency will want to check suitability with the client but that is their wish not mine and nothing to that effect is inferred in the contract.
F*** it, the client could be contracted to paying the agency in magic beans, it has that little to do with me.

Edit: and i NEVER sign the contracts myself, another authorised representative of my company does.

[malvolio]

If you find you about it (big If, though) make a fuss - in fact, have a blazing row with your agent, who has signed a contract that he cannot adhere to and is therefore potentially guilt of misrepresenatation.

You should also insist that the client/agency contract does not name you personally, since you personally have never signed a contract to that effect. Although I don't think that will happen...

Tick the box on the P35, since you are now IR35 caught, without question. You will of course lose several grand in extra taxation, so I suggest you charge the agency for it,

Then start looking for a new job, because the agency will likely bin you at the first opportunity...

[ratewhore]

I do love the vagueness and uncertainty of contracting. Keeps you on your toes...

[wantacontract]

right just told my agent to ensure that my name is not mentioned in their contract, only my company name. And that i want an email stating confirming that. So if it turns out they lied to me, I have a leg to stand on with the taxman...

[The Lone Gunman]

The agency client contract should not mention you or your company realy.

They should just state that agent X will provide <whatever service> has been agreed at a <rate>. They should not be stating who will do it. That way they wont have to re write the contract every time they put someone new in.
Neither agents or clients want to do this as all they are realy interested in is covering their own backs should it all go Pete Tong.

1. Insist on a precedence clause stating that where terms conflict your terms with the agent take priority. Then it doesnt matter what the agent client contract says.
2. Insist that the agent provide a warranty to cover any extra libility incured due to mis-matched contracts. This covers your costs if some dodgy agent (sorry, not Dodgy Agent) puts a precedence claus in both contracts.

Dont hold yer breath mind. If the agnet won't play ball the vote with your feet.

[Billy Pilgrim]

Thanks for the advice...

I'll be on to Bauer and Coterell again tomorrow...

they reviewed - and got the agency to re-write my original contract.

[Billy Pilgrim]

Spoke to Sarah Bauer this morning....

She seems to think I'll be fine...that 95% of contracts between agencies/end clients will mention the consultant directly by name...after all that is what the client is paying for.......so long as the two contracts are not conflicting.

She explained to me that back-to-back contracts are not 'matching' = but rather non-contradictory

Said its the actual working arrangements that would define whether IR35 caught.....the fact that I was sat at home and not on clients premises seemed to be a factor in my favour