Verbally accepted public sector contract...

[El Snarfo]

Hi, my first post and it's another "backing out after verbally accepting a contract" one. So, I have got some idea of what to expect. The reason I'm posting afresh instead of simply referring to previous threads is the slight twist in my own personal tale.

Basically I verbally agreed to a public sector contract without being aware of the HMRC reporting requirements and associated IR35 risks. Clearly should have done my homework but I just had no idea at the time.

I'm not keen on taking on the extra risk associated with my details potentially being passed on to HMRC. With this in mind do you think it's reasonable enough to back out of the contract? I'm a little way into the process but have yet to see an actual copy of the contract itself.

I guess it's worth mentioning that I am based in London so while I don't want to upset the agency/client it's unlikely to be too damaging for me in the long term.

Thanks

ES.

[SueEllen]

The reason to back out if contracts are the written terms and conditions.

So if you are unhappy with the paperwork they ask you to fill in e.g. them background checking you say so and effectively you will have backed out.

[northernladuk]

You verbally accepted so it could move to the next stage. You can't do business based on the next stage so you thanks but no thanks. Nothing has been signed yet all quite reasonable. The only thing that will happen is the agent will get a bit upset as he will believe you've wasted his time. They will give you a bit of grief but just stick to your guns and it will work out OK.

[El Snarfo]

Thanks SueEllen.

Sounds like good advice, but as mentioned I am a little way into the process so it might be a bit late to raise an objection to the screening procedure.

However I have still yet to see the contract. The agency wants all the existing paperwork in before sending out the contract, this includes a due diligence checklist for the client which includes a question about me being satisfied that the services provided fall outside the scope of IR35. In fact this is what triggered me to read up on public sector IR35 stuff in the first place.

I said to the agency I can't check this box without seeing the contract, and have asked for a draft copy of it to send for review, which they agreed to but are slow-balling for some reason.

Clearly it's anticipated that the gig is outside of the scope of IR35 but I have now seen the legislation, reporting requirements etc and would rather have no part in it...

[El Snarfo]

Thanks NLUK. It's good to get some feedback and reassurance that I am not being unreasonable in the circumstances!

[northernladuk]

Just don't be strong armed by the agent. They will try anything to get you to sign including telling lies.

[El Snarfo]

Cheers, I'll stick to my guns. I'm already very much in the "trust 'em as far as I can throw 'em" camp and well aware that the agent in question will be narked at his commission falling through.

[SueEllen]

I'm puzzled why the agent won't send you a copy of the contract to get reviewed.

I would ask the agent by email for a copy otherwise say you will not accept the contract.

[El Snarfo]

I'm not sure it's deliberate - they have been incredibly slack throughout the whole process to be honest. I rather suspect they'd just pull their finger out if I made that a sticking point...

[SueEllen]

I'm not sure it's deliberate - they have been incredibly slack throughout the whole process to be honest. I rather suspect they'd just pull their finger out if I made that a sticking point...

It is delibrate.

As soon as you put your requests for things in writing they pay attention.