contract queries

[diesel]

I have just been issued with a new contract, as i recently changed my Company name.
In my ignorance i read the first issue contract and thought it seemed okay and it passed Brookson's IR35 compliance check.
However, when reading the contract (which is same as 1st issue)) for my client of past 2 years i read the following points:


(1) The employment business (that is the agent) may without notice and without liability instruct the Consulancy (me) to cease work on the Assignment at any time, where:
(f) the consultancy is unable to perform the consultancy services for over two days.

Does that mean if i am off work for 2 days i can be kicked out?
Is it too late to change this with the agency and say stipulate 5days?
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(2)Liability
it also states
The consultancy shall ensure the provision of Employers Liability insurance, Public liability insurance and other suitable policies of insurance such as professional indemnity insurance in respect of the consultancy and its staff during the assignment and shall make a copy available upon available to the employment business.
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I have no insurance! I used to do 2 years ago from another job which required this. Do i need it now, as its been 2 years since i last had it when with this client? Or is it too late to cross it out on my contract?
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thanks

[northernladuk]

I wonder if this might have been better in the business/contracts section as there maybe a better chance for a contract expert to see but this is my take on it....

(1) The employment business (that is the agent) may without notice and without liability instruct the Consulancy (me) to cease work on the Assignment at any time, where:
(f) the consultancy is unable to perform the consultancy services for over two days.

Does that mean if i am off work for 2 days i can be kicked out?
Is it too late to change this with the agency and say stipulate 5days?
-----------

Is there anything after this? I would say that you are correct but this surely has to be an IR35 nightmare. As a consultancy you can work as you are needed as you dictate (within reason). If there is a 5 day break where no work is required you can go work on another contract for example. This to me looks like a clear case of client direction. I wonder if it means without notifying the client, i.e. you can't just be off sick for 2 days and not tell them or something? Either way I would be pushing hard for this to be removed or at the very least clarrified.

(2)Liability
it also states
The consultancy shall ensure the provision of Employers Liability insurance, Public liability insurance and other suitable policies of insurance such as professional indemnity insurance in respect of the consultancy and its staff during the assignment and shall make a copy available upon available to the employment business.
-----
I have no insurance! I used to do 2 years ago from another job which required this. Do i need it now, as its been 2 years since i last had it when with this client? Or is it too late to cross it out on my contract?
=======================

thanks

Well get it!! It says in your contract you must have it, you haven't so techinically you are in breach of contract. Seems pretty straight forward. Bearing in mind a) you have not fullfilled your element of the contract and b) its 250 quid a year (less as it is through company) I would call QDOS quick and get it. Dont tell them you don't have it for gods sake.