Concerning Off-Payroll clause in Contract

[simes]

The contract does run post April. End of Assignment is 29th May 2020.

There aren't any deal-breakers. The agency is being incredibly accommodating in removing the offending clause. In fact, so accommodating that this actually raises its own concerns. Or rather, highlights the worth of a contract that an agency can get out of so easily should something turn out not in their favour down the line.

Well, 'down the line', it is the end client who would come a cropper. Not the agency, I am believing.

Which means that, 'down the line', I am wondering if the contract between you and agency will, and should, be reviewed and enforced by the end client. And if there is anything the contractor doesn't like about it at the point of signing said contract, and at the time the only point of contact is the agent and not the client, any wishes to have something changed will likely fall on deaf ears and blind eyes.

[DolanContractorGroup]

Actually while we're at it.. Another related question. I haven't previously given much consideration to AWR clauses in contracts. Now I know that AWR and IR35 are determined separately, but a contract moving inside IR35 would seriously call into question the AWR status. Admittedly I dont know too much about AWR so could someone explain what is going on in this clause:


Why would the agency endeavour to obtain a different rate from the client after the 12 week period? I'm concerned this could potentially be used to change the rate paid to me.

Thanks again.

Hi mharris,

If you're found inside-IR35, you will also be in scope of the Agency Worker Regulations 2010.

The section that you quoted means that if after 12 weeks on the assignment the agency finds out that a permanent comparator is earning more than you, then the agency will request an increase, under reg 5, to your rate so that it at least matches the rate of the perm worker.

This clause wouldn't really exist in an ideal contract for an outside-IR35 role.

Thanks


Zeeshan

[mharris]

The section that you quoted means that if after 12 weeks on the assignment the agency finds out that a permanent comparator is earning more than you, then the agency will request an increase, under reg 5, to your rate so that it at least matches the rate of the perm worker.

This clause wouldn't really exist in an ideal contract for an outside-IR35 role.

Thanks Zeeshan. So although not ideal for the purposes of this contract, not something I need to be unduly concerned about.