Understanding the contract review process

[booglebops]

Hi folks,
I've searched around in the forum but couldn't find the answers to what I'm looking for - apologies if this has been covered elsewhere.

I haven't used contract review services before (yes, I know) but would like doing so with my next contract, but am realising the Working Practices Questionnaire (WPQ) is equally or even more important than the contract itself.
The thing is, a lot of these questions could only be answered reasonably after placement, by which point you would have signed the contract already. So, what gives?

Do I:
a) pester end client to answer the WPQ in an IR35 friendly manner before contract signed (and risk losing the client, especially as going through an agency)
b) focus on getting placed, and get the WPQ answered, signed and contract reviewed as quickly as possible after placement (the WPQ would serve as evidence)
c) something else?

I want do things properly, but obviously don't want to lose business...

[SueEllen]

When you were interviewed by the client they gave you a chance to ask questions. You were suppose to lead them into a conversation about how they worked.

If you didn't do that then you are just going to have to go by the contract.

[booglebops]

I had a phone interview and am meeting with them face to face this week.

I can ask them these questions, sure, but is it really the time to go through ~30 odd of them and ask them to confirm by signing at the end? Because, let's be honest, a verbal discussion isn't evidence and the interviewer may not even belong to the team I end up working with.

[SueEllen]

I had a phone interview and am meeting with them face to face this week.

I can ask them these questions, sure, but is it really the time to go through ~30 odd of them and ask them to confirm by signing at the end? Because, let's be honest, a verbal discussion isn't evidence and the interviewer may not even belong to the team I end up working with.

Neither is the questionnaire. The contract is the evidence and so is what the person at the client who HMRC interrogates if they do an investigation. You may never meet this person in Finance or HR.

1. The best thing you can do is make sure the contract makes sense and it's clauses are aligned so you are outside IR35.
2. Don't take contracts where it's clear from meeting them they want to micromanage you
3. Get IR35 insurance

[booglebops]

Thanks SueEllen,

I'll try getting a feel for that and a few other things when I meet them.
I'm an IPSE member so that should come in handy if I ever have any problems around IR35. Even then, I'd prefer to pay my membership and never find out