Hi all,
I am due to start my first contract role on Monday but have only just received the contract and am expected to return a signed copy of the accompanying schedule by end of play today. Is this usual? I would have thought you would normally get more time to review. Or does signing the schedule not bind me to the terms of the contract until I sign that. I would presume they'd want me to sign that before I start though or do you sometimes start before signing a contract?
Looking through the contract I wondered if this was usual:
In other words, if this contract turns out to be inside IR35, I will have to play the client's NICs as well as my own? Does this mean they are less likely to have covered all their bases in terms of IR35?
The contract forbids me from sub-contracting:
Would this legally prevent me from supplying another person to cover me in case of illness? Or would that be OK as long as they are on my payroll and not operating through their own LTD?
Finally, is this likely to fall foul of IR35?
Thanks in advance for any help.
I am due to start my first contract role on Monday but have only just received the contract and am expected to return a signed copy of the accompanying schedule by end of play today. Is this usual? I would have thought you would normally get more time to review. Or does signing the schedule not bind me to the terms of the contract until I sign that. I would presume they'd want me to sign that before I start though or do you sometimes start before signing a contract?
Looking through the contract I wondered if this was usual:
The Contractor acknowledges to the Employment Business that its services are supplied to the
Employment Business as an independent contractor and that accordingly the responsibility of
complying with all statutory and legal requirements relating to its Representatives (including
the payment of taxation) shall fall upon and be discharged wholly and exclusively by the
Contractor. In the event that any person should seek to establish any liability or obligation
upon the Employment Business on the grounds that the Contractor’s Representatives are an
employee of the Employment Business, the Contractor shall upon demand indemnify the
Employment Business and the Client and keep it indemnified in respect of any such liability
or obligation and any related costs expenses or other losses which the Employment Business
shall incur.
Employment Business as an independent contractor and that accordingly the responsibility of
complying with all statutory and legal requirements relating to its Representatives (including
the payment of taxation) shall fall upon and be discharged wholly and exclusively by the
Contractor. In the event that any person should seek to establish any liability or obligation
upon the Employment Business on the grounds that the Contractor’s Representatives are an
employee of the Employment Business, the Contractor shall upon demand indemnify the
Employment Business and the Client and keep it indemnified in respect of any such liability
or obligation and any related costs expenses or other losses which the Employment Business
shall incur.
The contract forbids me from sub-contracting:
Not to sub-contract to any third party any of the services which it is required to perform under any Assignment.
Finally, is this likely to fall foul of IR35?
To be present during the times or for the total number of hours during each day and/or week of the Assignment as may be agreed with the Employment Business or the Client.
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