My agent admitted that they have no ROS in their contract. Can I sue them?

[Fred Bloggs]

Thanks for those links. I'll remain a sceptic but will labour the point no more. One last comment- Why has the industry not developed "IR35 proof" schemes that involve closing companies down (say) every 2 years?

[SueEllen]

Thanks for those links. I'll remain a sceptic but will labour the point no more. One last comment- Why has the industry not developed "IR35 proof" schemes that involve closing companies down (say) every 2 years?

There are other posts on this but simply HMRC will notice and change the law like they did with MSCs.

[rawly]

I don't fully understand this thread! If your contract is passed IR35 on the basis that you submitted Your Ltd Company/End Client contract for review(and it passed), how can anyone know what the Agency/End Client contract actually says unless you ask to see it? And what Agency will let you see this as it is between them and the end client!

I don't really follow.

[oracleslave]

I don't fully understand this thread! If your contract is passed IR35 on the basis that you submitted Your Ltd Company/End Client contract for review(and it passed), how can anyone know what the Agency/End Client contract actually says unless you ask to see it? And what Agency will let you see this as it is between them and the end client!

I don't really follow.

Have a read of this in the context of the thread.

http://www.contractoruk.com/news/003621.html

[rawly]

Have a read of this in the context of the thread.

http://www.contractoruk.com/news/003621.html

So. I need to make sure there is a clause in my Ltd Co. contract that verifies the 'Upper' one is a back-to-back mirror image of it. How come this guy's insurance didn't pick-up on this when they passed his contract?

[oracleslave]

So. I need to make sure there is a clause in my Ltd Co. contract that verifies the 'Upper' one is a back-to-back mirror image of it. How come this guy's insurance didn't pick-up on this when they passed his contract?

I stand corrected but my guess would be this is the first ruling whereby a judge has come out and said that the upper contract has a bearing on the IR35 status. That is a complete guess though.

[malvolio]

I stand corrected but my guess would be this is the first ruling whereby a judge has come out and said that the upper contract has a bearing on the IR35 status. That is a complete guess though.

More or less accurate though. On the other hand, it is implicit in contract law that you are offering terms that you are capable of honouring. Clearly some agencies seem to want to work on the principle that they can put any old toffee in their contracts to get you to sign, even if they can't deliver against them becuase of the terms of the uppoer contract.

It's called misrepresentation. What we need is someone who has lost money on an IR35 or related contractual dispute to challenge their agency through the courts for damages.