Supervision, Direction & Control

[Graham1967]

Hi,

I have recently received a contract where it states that I will not be under SD&C of the client.

However I have been asked to sign an NDA agreement which states

The agent provides contractors who perform certain tasks for xxxx under the operational "supervision and direction" of xxxx.

Do all three aspects of SDC need to apply for it to be a red flag, or does one statement contradict the other?

Advice would be appreciated

[Lance]

Hi,

I have recently received a contract where it states that I will not be under SD&C of the client.

However I have been asked to sign an NDA agreement which states

The agent provides contractors who perform certain tasks for xxxx under the operational "supervision and direction" of xxxx.

Do all three aspects of SDC need to apply for it to be a red flag, or does one statement contradict the other?

Advice would be appreciated

An NDA is not strictly your terms and conditions of providing services so I'd be inclined to say sign it and 'lose' it.

There are other threads on NDAs on this forum with a mixed view of whether to sign them or not. If you don't sign the NDA will you lose the contract? That question alone may answer your query.

[jamesbrown]

I’d ask them to change it, simply because it will reveal whether you have a problem. Remember, contracts and other documents are just words. Reality matters, because the client will be quizzed by HMRC. My guess is that the NDA is a generic one (i.e. they use it for a variety of engagement types) and, if they’re not willing to change it, they should be willing to clarify that your contract is definitive w/r to SDC. You’re unlikely to have a problem here, but it’s better to clarify upfront.