1st contract - not an official renewal but asked to stay on ad hoc basis

[SussexSeagull]

Hi. I am a limited company. I agreed everything on email up front so all details are in writing. I then submitted a contract that was checked by Qdos. There are no working hours or employee related details stipulated. The issue is that my client hasn't returned a signed copy of the contract that has a provisional end date of mid October. When I asked about renewing she said if it was official it would raise attention to her bosses. If she doesn't mention it then I can just stay on for the time being which I don't mind. I am the only contractor in the company and my fee is paid out of a marketing budget not through HR. I do understand that it could end quickly but the last contractor stayed 2 years. Just wondered what other more experienced contractors made of this arrangement?

I would be nervous about getting involved with anything that sounds like it has been pushed through via the back door, especially if nothing is on paper.

Is there no option to work for them on a task by task basis, possibly working from home and maybe combined with a contract somewhere else? Might play better with the powers that be if you deliver task x for y pounds.

[ckms]

Good point. Thank you

[Old Greg]

Difficult, especially if you want the work.

I think what I would do is: at the start of every month email (from your Ltd's corporate email) your main ClientCo contract and copy the agent and propose the work to be delivered over the next month, inviting comment from both parties.

Not a perfect solution, but may be defensible as an implied contract, and also looks task based, rather than hanging around as a disguised permie.

IANAL and others may have differing views.

[TheFaQQer]

In terms of payment I invoice monthly in advance with 28 days to pay into my business bank account. I'm with an accountancy firm called Boox and they advise me on paying s scary, expenses and dividends

Since you sound like you could well be caught by IR35, what dividends can you possibly pay?

[Sausage Surprise]

Personally I'd keep my head down and continue invoicing. I'd worry when the invoices weren't being paid.

[Old Greg]

Since you sound like you could well be caught by IR35, what dividends can you possibly pay?

Been there 3 months + QDOS review = probably get away with it. Join IPSE for 'insurance' against investigation.

IMO

[TheFaQQer]

Been there 3 months + QDOS review = probably get away with it. Join IPSE for 'insurance' against investigation.

IMO

Ongoing MoO would be a flag for me. I'd question whether the client would allow a substitute, and it sounds like they could well be controlling.

Chances of investigation are low, but I wouldn't want to have to defend it if it were me.

[jamesbrown]

Ongoing MoO would be a flag for me. I'd question whether the client would allow a substitute, and it sounds like they could well be controlling.

Chances of investigation are low, but I wouldn't want to have to defend it if it were me.

Yes, with an implied contract only, it's going to be very difficult to stop an investigation early and, ultimately, the working practices will be even more important in this scenario. Based on the limited information provided, the working practices are not favorable at all. I think the OP is skating on thin ice and probably needs to either: 1) risk losing the work by formalizing it or 2) treat it as inside IR35. More generally, working without a signed contract is bad practice, as will be apparent if anything goes south.

[quackhandle]

What is MoO and D&C?

This should be scary enough, my friend.

qh

[Old Greg]

Ongoing MoO would be a flag for me. I'd question whether the client would allow a substitute, and it sounds like they could well be controlling.

Chances of investigation are low, but I wouldn't want to have to defend it if it were me.

In theory you're probably right, but as you say investigation is not likely. However, business is not always black and white, which is why I would mitigate by sending an effectual Statement of Works every month.