A new Gig and am suspecting Agency dodgy dealings with sign-up

[moggy]

So which bit of "To which you can add comapny directors, who are exempted from the WTD" did you not understand? Even given the rubbish typing...

If you want to get technical (why, I ask myself...?) you can't be bound by the WTD unless you are an employee, which you aren't. You can then agree not to be bound by it, which is a variation for the UK alone that was negotiated separately a year or so back.

But to reduce it to its basics, you can ignore the WTD. End of.

in fairness to the OP he has stated in the first post of this thread that he was un-decided whether to use a brollie or go ltd.

[pauly]

in fairness to the OP he has stated in the first post of this thread that he was un-decided whether to use a brollie or go ltd.

Correct.

Trying to work out the ramifications of one or t'other.

Sounds like WTD is immaterial if your LTD (your a Director) and Brolly (you can opt-out of it working week restrictions parts). I don't need the convincing - its the Agent - who is probably just using WTD as an invalid argument to encourage a Opt-out on the Conduct of Employment Business Regs.

Hence wanted to clarify if an Opt-in to the Conduct of Employment Business Regs should in anyway stop terms in the contract providing overtime paid work. Sound as though it would not if your Ltd and you can opt-out of that WTD section if your using a Brolly? Just wanted the groups feedback so I can go back to Agent.

[northernladuk]

in fairness to the OP he has stated in the first post of this thread that he was un-decided whether to use a brollie or go ltd.

Ahh well the answer is now clear. Go brolly..

[LisaContractorUmbrella]

Ahh well the answer is now clear. Go brolly..

Seconded

[pauly]

Quick query

Thanks all for you previous help. The regs and how they are interlinked is clearer. Quick question:

Just got a contract from an agency. The contract is for a 6months Ltd Co engagement and remains Opted-in to the Conduct of Employment Business.

Buried within the contract is the term...

"The Personnel is not an Agency worker as defined under AWR Legislation and that the AWR Legislation does not apply in relation to this Agreement or any Assignment under this Agreement"

The term is basically saying that the Ltd contractor (i.e. Personnel of the Ltd company) is not covered by the AWR. This term is not contained within the Umbrella versions of this Agent's contracts.

My preference is to remove the term, but I don't want to delay the sign-up process. Can I assume that coverage by AWR is largely driven by working practices and not by terms in contracts that the agent wants in there?

[northernladuk]

Troll...

45

[LisaContractorUmbrella]

Thanks all for you previous help. The regs and how they are interlinked is clearer. Quick question:

Just got a contract from an agency. The contract is for a 6months Ltd Co engagement and remains Opted-in to the Conduct of Employment Business.

Buried within the contract is the term...

"The Personnel is not an Agency worker as defined under AWR Legislation and that the AWR Legislation does not apply in relation to this Agreement or any Assignment under this Agreement"

The term is basically saying that the Ltd contractor (i.e. Personnel of the Ltd company) is not covered by the AWR. This term is not contained within the Umbrella versions of this Agent's contracts.

My preference is to remove the term, but I don't want to delay the sign-up process. Can I assume that coverage by AWR is largely driven by working practices and not by terms in contracts that the agent wants in there?

If you are in business on your own account i.e. your working practises put you outside IR35 then the AWR don't apply. If you work through an umbrella they will apply.

[LisaContractorUmbrella]

Troll...

45

Have to be honest in a way I hope it is - bit worrying if not

[pauly]

If you are in business on your own account i.e. your working practises put you outside IR35 then the AWR don't apply. If you work through an umbrella they will apply.

Thanks again Lisa. As I understood it.

Being Ltd is not enough, working Practices have to demonstrate it, as with IR35. If you are Umbrella you are naturally within AWR.

Dunno why the Agency has put it into their LTD Co contracts? Maybe they want to assume that if your LTD you are outside of AWR or add weight to that argument at a later point. From your reply this statement is probably a waste of time, it is, as ever, dependent on working practices.

[LisaContractorUmbrella]

Thanks again Lisa. As I understood it.

Being Ltd is not enough, working Practices have to demonstrate it, as with IR35. If you are Umbrella you are naturally within AWR.

Dunno why the Agency has put it into their LTD Co contracts? Maybe they want to assume that if your LTD you are outside of AWR or add weight to that argument at a later point. From your reply this statement is probably a waste of time, it is, as ever, dependent on working practices.

Such a statement in a contract would not add weight to IR35 status and is actually meaningless - declaring yourself outside the scope of legislation will not put you outside.