Agency payment "correction"

[FrontEnder]

I think people go too far with this IR35 stuff sometimes. Goodwill is goodwill nothing to do with D&C or behaving like an employee. If you paid a plumber to fix your sink and he kindly offered to sort out a leaky tap at the same time free of charge, you wouldn't be reporting them to HMRC it's just called being a decent person and showing that YourCo will go the extra mile now and then. (Yes there are limits etc. but I'm talking a one-off hour here or there).

Well I don't expect anyone to be reported to HMRC for this, no. But in the event of an investigation it could be cause problems. It might be difficult to show that you offered to do this on every occasion.

I was probably wrong to say I'd never offer to do it, but I would be very wary of this becoming a regular thing, for the above reason.

[LondonManc]

Well I don't expect anyone to be reported to HMRC for this, no. But in the event of an investigation it could be cause problems. It might be difficult to show that you offered to do this on every occasion.

I was probably wrong to say I'd never offer to do it, but I would be very wary of this becoming a regular thing, for the above reason.

Regular, agreed, because it has the potential to catch you with the "part and parcel" test.

[BHicks]

Checking the documentation, the following applies:

1. The contract itself makes no mention of rate or PWD. Those details are in an accompanying schedule with the project details, client information etc which is to be taken in conjunction with the contract.

2. The schedule lists a daily rate and states that the "Standard Hours" are 8.

Those are the relevant details, and I'll be following up with the legal eagles to establish what my company's position is.

[SussexSeagull]

If you have average eight or more hours a day then point it out to them and expect to be paid.

If they refuse make sure you never give them a minute more of your time than you need to.

[psychocandy]

Checking the documentation, the following applies:

1. The contract itself makes no mention of rate or PWD. Those details are in an accompanying schedule with the project details, client information etc which is to be taken in conjunction with the contract.

2. The schedule lists a daily rate and states that the "Standard Hours" are 8.

Those are the relevant details, and I'll be following up with the legal eagles to establish what my company's position is.

So where'd they get 9 from then?

Sounds similar to my contract. BUT a days a day. If they have an issue with you working 6 hours one day then I see no provision to claim it back.

One thing though - did you clear it with them first or just do it? I'd have said it would be best to sort it first. Possibly client was a bit irked that you just bailed that day early.

[BHicks]

So where'd they get 9 from then?

Sounds similar to my contract. BUT a days a day. If they have an issue with you working 6 hours one day then I see no provision to claim it back.

One thing though - did you clear it with them first or just do it? I'd have said it would be best to sort it first. Possibly client was a bit irked that you just bailed that day early.

To answer your points:

1. The 9 hours apparently is some client policy. Uh huh, yeah right! Reading between the lines I imagine this is probably in the contract between client co and agent, but it's not in mine so from my perspective, it's not relevant/applicable.

2. The change was discussed/cleared with the client in advance as a matter of professional courtesy.

[psychocandy]

To answer your points:

1. The 9 hours apparently is some client policy. Uh huh, yeah right! Reading between the lines I imagine this is probably in the contract between client co and agent, but it's not in mine so from my perspective, it's not relevant/applicable.

2. The change was discussed/cleared with the client in advance as a matter of professional courtesy.

1. I agree. Not your circus not your monkeys.

2. Seems strange that they are now attempting to claw money back.

I fear you may have to suck this one up but, if it was me, like I said, they wouldnt get one second of goodwill in future and zero seconds extra time.