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Has anyone successfully altered an agency contract for IR35 compliance?

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    #11
    A full spectrum of replies there.

    Something else I'd not considered is that it probably also depends on how senior the role is that you'll be undertaking. I can see an agent paying a bit more attention to a programme manager than to a 1st line support engineer earning 1/3 the rate.

    I think having someone like B&C negotiate on your behalf would also help if they specialise in IR35.

    Interestingly, I once spent 6 months on a government site having signed nothing other than an NDA (I was SC cleared from a previous job). I refused to sign the agency contract on the advice of a lawyer, and they wouldn't change it but I was already on site when it became clear they wouldn't budge. So, I got paid once a month just like everyone else after sending my hours in. The money trail on that job went: Govt->Multi-Nat IT Outfit with UK base ->Body Shop->Agency->My company->Me. If the link had been any shorter I doubt I'd have got away with it.

    I'll try getting a specialist more involved in the negotiating and see what happens.

    Thanks for your help.

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      #12
      Originally posted by killingtime View Post
      A full spectrum of replies there.

      Something else I'd not considered is that it probably also depends on how senior the role is that you'll be undertaking. I can see an agent paying a bit more attention to a programme manager than to a 1st line support engineer earning 1/3 the rate.

      I think having someone like B&C negotiate on your behalf would also help if they specialise in IR35.

      Interestingly, I once spent 6 months on a government site having signed nothing other than an NDA (I was SC cleared from a previous job). I refused to sign the agency contract on the advice of a lawyer, and they wouldn't change it but I was already on site when it became clear they wouldn't budge. So, I got paid once a month just like everyone else after sending my hours in. The money trail on that job went: Taxpayer -> Govt->Multi-Nat IT Outfit with UK base ->Body Shop->Agency->My company->Me. If the link had been any shorter I doubt I'd have got away with it.

      I'll try getting a specialist more involved in the negotiating and see what happens.

      Thanks for your help.
      FTFY seriously though I bet after that trail, the final bill was £2k/day haha

      Comment


        #13
        Originally posted by killingtime View Post
        I refused to sign the agency contract on the advice of a lawyer, and they wouldn't change it
        Maybe your lawyer needs to read up on Brogden's case - you accepted the contract as soon as you started work there.
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          #14
          I have requested changes on 2 of my last 3 contracts, and respective agents have had them amended accordingly.
          In one case, it was QDOS suggested changes from an IR35 perspective, and in the other instance was purely down to me wanting to negotiate slightly different terms in other areas. Each time, there was no real difficulty from the agent, although the latter example did require some toing and froing with them to find a mutually satisfactory wording.
          latest-and-greatest solution (TM) kevpuk 2013

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