So I was contacted by an recruitment agency and offered a job.
This is my first time working as a contractor, so naturally I have some questions:
After reading a lot about IR35 it seems that the agency is either ignorant about it or pretending to be. I was given the option to work through an umbrella or set up an LTD. I have chosen the LTD route, but haven't set it up yet.
I am being asked to sign an Agreement for Work Finding Services which also seems to serve the purpose of Opting In/Out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
There is an additional page of information regarding the regulations which presents the Pros & Cons of Opting Out. Among other things it states that the Opt Out "will assist in demonstrating that you operate outside IR35" and "avoid any implication that you are under the client’s control (although you may agree to be)" yet one clause in the agreement states: "unless expressly agreed otherwise be subject to the direction, supervision and control of the Hirer or End User to the extent necessary for the proper provision of the Specified Services and comply with such rules and regulations of the Hirer or End User as are relevant to external contractors"
To me this clearly indicates agreeing to be inside IR35, yet they tell me that as I don't provide my service to the public sector then I fall outside IR35.
1 - Should I remove that clause and then sign the agreement?
2 - I have already met the client and as far as I am aware Opting out now is unenforceable? I know the main cons of Opting out (refuse payment to me if they are not paid and longer time restrictions to work directly), but aside from these is there anything else?
3 - Am I supposed to also sign a separate contract detailing the services I will be providing, the pay rate and everything else related to the assignment? At what point is this signed as tomorrow is my 1st day?
4 - They require Public Liability Insurance and I've done a few searches, but I am unsure which trade to go with - IT Consultancy or Computer Repair & Maintenance. The former is cheaper. I will be rebuilding computers.
Thanks
This is my first time working as a contractor, so naturally I have some questions:
After reading a lot about IR35 it seems that the agency is either ignorant about it or pretending to be. I was given the option to work through an umbrella or set up an LTD. I have chosen the LTD route, but haven't set it up yet.
I am being asked to sign an Agreement for Work Finding Services which also seems to serve the purpose of Opting In/Out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
There is an additional page of information regarding the regulations which presents the Pros & Cons of Opting Out. Among other things it states that the Opt Out "will assist in demonstrating that you operate outside IR35" and "avoid any implication that you are under the client’s control (although you may agree to be)" yet one clause in the agreement states: "unless expressly agreed otherwise be subject to the direction, supervision and control of the Hirer or End User to the extent necessary for the proper provision of the Specified Services and comply with such rules and regulations of the Hirer or End User as are relevant to external contractors"
To me this clearly indicates agreeing to be inside IR35, yet they tell me that as I don't provide my service to the public sector then I fall outside IR35.
1 - Should I remove that clause and then sign the agreement?
2 - I have already met the client and as far as I am aware Opting out now is unenforceable? I know the main cons of Opting out (refuse payment to me if they are not paid and longer time restrictions to work directly), but aside from these is there anything else?
3 - Am I supposed to also sign a separate contract detailing the services I will be providing, the pay rate and everything else related to the assignment? At what point is this signed as tomorrow is my 1st day?
4 - They require Public Liability Insurance and I've done a few searches, but I am unsure which trade to go with - IT Consultancy or Computer Repair & Maintenance. The former is cheaper. I will be rebuilding computers.
Thanks
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