advice please

[noob23]

Hoping someone can advise...

Im about to start a new contract but the agency has requested I confirm the reasons on co. headed paper why in my opinion, as a contractor, and based on the contract outline I will be under the direct supervision and control of my ltd company not the client or the agency.

Ive not come across this before.. has anyone else got any thoughts?
Many thanks

[sal]

Because the contract says so, if it doesn't amend it.

[SpontaneousOrder]

Sounds confused.

"I'll probably not be under d&c of the agency as I will most likely never ever have comms with them again."

[SimonMac]

Because there should be no direct contract between you as an individual and either the client or the agent.

This is very strange, is it a big agency? has the contract been checked by a third party?

[TheFaQQer]

Because the contract says so, if it doesn't amend it.

Sounds confused.

"I'll probably not be under d&c of the agency as I will most likely never ever have comms with them again."

+1 - combine those.

1) No representative of <myCo> will not be under the direction and control of the client because of the way that we operate, the way the client operates, and the contractual terms between both <myCo> and agency, and between agency and clientco.

2) Based on past performance, once I'm working I never hear from an agent until the end of the contract, so to suggest any representative of <myCo> is under their direction and control is laughable.

[BrilloPad]

Hoping someone can advise...

Im about to start a new contract but the agency has requested I confirm the reasons on co. headed paper why in my opinion, as a contractor, and based on the contract outline I will be under the direct supervision and control of my ltd company not the client or the agency.

Ive not come across this before.. has anyone else got any thoughts?
Many thanks

Have you asked what others contractors usually put?

[tractor]

......

When will agents realise that their lawyers are out to fleece them by inventing risks and REC and APSCO are happy to perpetuate it because it means more membership fees?

[noob23]

Thanks for the replies....
Ive not seen the contract as yet. I have pushed back on this request and sought the agency to clarify why they want it and to what ends it will serve. So far all I know is its been suggested it is due to their stance on new hmrc intermediary and psc legislation?..
My feeling is my opinion is neither here nor there, it is the contract that will be scrutinised and dictate the relationship... and as such should reflect that I choose what days I work and include substitution clauses etc...
Im not sure what a letter from myself would achieve? Though appreciate I could be missing something???

Is there a checklist for the main clauses to fall outside of IR35?


Thanks again
.

[LisaContractorUmbrella]

I think this will explain why it's been asked for: False self-employment rules offer PSCs an

[mudskipper]

Nothing to add, but your correct use of advice and advise makes my heart sing! Welcome to CUK


(Shame about the missing apostrophes)