Originally posted by VillageContractor
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But they cannot dictate working conditions and are probably really not willing to spend the time and money to understand what is compliant so don't want to bear the responsibility. The contractors tax situation is of no interest to them. The only thing that might be is to make sure their first pick doesn't turn the gig down because of the contract which does happen, very occasionally.'CUK forum personality of 2011 - Winner - Yes really!!!!
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What makes you think that? The liability isn't theirs or the end clients. It's in the interests of an agency to enforce whatever terms are most lucrative and least burdensome to them and the end client. Remember, there's a large fraction of contractors out there that have no understanding of IR35 and barely even bother to read their contracts.Originally posted by VillageContractor View PostSurely it's in the agencies interests to ensure that the contracts are IR35 compliant. Anyone know why they don't do this as part of their standard contract.Comment
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Because they don't care. They also probably don't know what the conditions will be when you get there, so it makes little or no difference to them.Originally posted by VillageContractor View PostSurely it's in the agencies interests to ensure that the contracts are IR35 compliant. Anyone know why they don't do this as part of their standard contract.Comment
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What matters is the reality of the working relationship with the client. If they're telling you what to do on a weekly basis then you are probably inside IR35.
If you have a piece of work to do that will take the duration of the contract and you deliver and leave, then you are probably outside IR35.
The contract itself is less important than the reality at the client. A substitution clause doesn't mean anything if you can't substitute.I'm alright JackComment
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So what if it does? You have to protect yourself by making sure the contract is fair and reasonable and not a piss take in itself. Most agencies are aware contracts now get reviewed although they'll happily tell you you dont need to get it review as its already compliant.Originally posted by checkmate View PostJust quick question, if I use Bauer and Cottrell for my contract negotiations, will that pi$$ the agency off, as I'm sure they would hate to edit their contracts?
They arent arsed whether the contract is IR35 compliant. It doesnt bother them if you are IR35 caught and have to pay more tax or penalties.Originally posted by VillageContractor View PostSurely it's in the agencies interests to ensure that the contracts are IR35 compliant. Anyone know why they don't do this as part of their standard contract.
Id go as far as to say virtually all contracts between the agent and client are IR35 caught. Although agents will change our contracts to a degree, I dont for one minute suspect they change their contract with the client.I couldn't give two fornicators! Yes, really!
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The agent you are dealing with maybe pi$$ off but their director won't give a damn. Why?Originally posted by checkmate View PostJust quick question, if I use Bauer and Cottrell for my contract negotiations, will that pi$$ the agency off, as I'm sure they would hate to edit their contracts?
The agent is probably some young person in their 20s who has been trained to act in a specific way, while the director is more experienced with dealing with contractors and other types of businesses."You’re just a bad memory who doesn’t know when to go away" JRComment
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