First contract - substitution

[MyUserName]

But that's not true..

TBH I don't care it it is true! Agents routinely lie, why shouldn't I return the favour if it gets me where I want to be. I have used it before (admittedly it was true when I said it but they didn't know that).

And even if you could pull it off there is going to be a problem with the contract not matching working conditions.

Hmmm, yeah maybe. Although in my experience most companies in practice would not actually allow a sub regardless of the contract but having jumped through this hoop is not a good start.

[sal]

As others have said, get the contract professionally reviewed. On it's own not having a the right of substitution doesn't mean you are inside IR35.

One thing that everyone missed so far is that this is your first contract, before you start kick in a fuss with the Agency/Client you need to decide how much do you need this contract. And if it's worthwhile to accept the IR35 risk to but your foot through the door of contracting.

[TheFaQQer]

Thanks, I didn't realise they could negotiate on my behalf. Sounds good, just looking them up now.

Qdos will do the negotiating for you as well.

[BolshieBastard]

Dont try and negotiate over one clause yourself then get it professionally reviewed (I always advise B&C rather than anyone else. Ive always had excellent service from them).

You'll likely have a tough job getting anywhere with the HR and likely hack them off if they did agree to it then find there was yet more negotiating to be done with someone like B&C.

[Andy Hallett]

All good advice above getting the contract checked etc. given that the contract has this clause as standard and they have removed it, have you questioned why they have removed it in regard of your role?

[Untouchable1]

Simply tell them it needs to change. It isn't negotiation.

[sal]

Simply tell them it needs to change. It isn't negotiation.

Oh, but it is, and the Agency is holding all the trumps. It might come as a bit of a surprise to you but generally (unless it's a niche skill) there are more contractors and permies wannabe contractors than roles at any given time.

And can you enlighten us why "it needs to change"? It's a good thing if you can change it, but if the rest of the contract and the working practices are outside of IR35 there is definitely no "need" to change it.