IR35 contract advice please

[northernladuk]

Regardless, it still depends if you are providing a discrete service or working as a manpower replacement or addition. The consultancy is off the hook only if they are providing a complete service solution such as a new application or website. If they are augmenting the client's workforce then the PS rules will apply.

Public sectors normally have different frameworks to come in under which usually defines the roles status from the off. If he's in under a managed service agreement but they are using that get bodies on seats then the slide back to the old days has started. No one wins if PS, and indeed private clients, start this trick all over again.

[Lance]

Public sectors normally have different frameworks to come in under which usually defines the roles status from the off. If he's in under a managed service agreement but they are using that get bodies on seats then the slide back to the old days has started. Only HMRC/treasury win if PS, and indeed private clients, start this trick all over again.

FTFY

[FunkyPigeon]

Thank you all for coming back to me on this thread, all the advice was really appreciated. In the end both the end client and the supplier (recruitment agency) agreed the role was inside IR35 and I left the contract.

The recruitment agency said they had another role that I was well suited for which I interviewed last Wednesday, and I was offered the role. It is another outside IR35 role and this time I am going to be contracted to a consultancy who are working on a business case/proposal for a central government department.

I did not receive the contract for the new role until late on Friday and have just managed to fully review it today and again there are no deliverables or milestones in the Statement of Work. I am due to start tomorrow with meetings booked with the government stakeholders from 10am and do not feel comfortable starting without clear deliverables for obvious reasons. I will not be able to speak to my contact at the agency until the morning and disappointed to be in this situation again with the same agency.

The contract is only for 7 weeks initially so time is of the essence for the consultancy to turn around this work and win this work, so I would feel bad not starting tomorrow but I am telling myself I run a business also.

Would you all start the work without the contract, ask for the deliverables to be added to the contract and then sign? Am I overthinking all of this?

[ladymuck]

You do have a contract, it just doesn't contain what you're looking for. If you start it without signing it, the assumption will be that you've accepted it.

For the most part, agencies don't have a clue about your specific deliverables so I wouldn't expect an agency contract to go to that level of detail. I've contracted twice direct with boutique consultancies and they've issued more detailed information as they're much closer to the coal face, so to speak. Ask the consultancy to issue a statement of your deliverables / milestones and keep that with the contract if you're really worried.

TL;DR - you're overthinking it.

[SueEllen]

Does the client actually know what the government client wants?

If they need to win the work first then it may not be clear what the milestones and/or deliverables are.

I have had to write my own milestones then get them agreed to and signed off with a client because they were in a similar situation.

[GhostofTarbera]

Thank you all for coming back to me on this thread, all the advice was really appreciated. In the end both the end client and the supplier (recruitment agency) agreed the role was inside IR35 and I left the contract.

The recruitment agency said they had another role that I was well suited for which I interviewed last Wednesday, and I was offered the role. It is another outside IR35 role and this time I am going to be contracted to a consultancy who are working on a business case/proposal for a central government department.

I did not receive the contract for the new role until late on Friday and have just managed to fully review it today and again there are no deliverables or milestones in the Statement of Work. I am due to start tomorrow with meetings booked with the government stakeholders from 10am and do not feel comfortable starting without clear deliverables for obvious reasons. I will not be able to speak to my contact at the agency until the morning and disappointed to be in this situation again with the same agency.

The contract is only for 7 weeks initially so time is of the essence for the consultancy to turn around this work and win this work, so I would feel bad not starting tomorrow but I am telling myself I run a business also.

Would you all start the work without the contract, ask for the deliverables to be added to the contract and then sign? Am I overthinking all of this?

I would start tomorrow as there has been no new ir35 investigations for a few years - more chance being hit by lightning than getting investigated


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