IR35 Working Practices Review and Software Code Reviews

[sdyson31]

After one interview I spoke to another contractor on-site before leaving who said they had their contract reviewed and bits changed. So on the phone the next day after I said I was getting the contract reviewed the agent did his "speech". I told him about the other contractor. The agent went quiet before we moved on to talk about how we would sort the to-ing and fro-ing in the review process due to the weekend. I am still in contact with the people from that agency today.

Moral of the story - sometimes it's better to do bits of contract negotiation on the telephone.

What if agent refuse to amend upper level contract? No point of changing lower level contract when it is not going to reflect upper level contract.

[SueEllen]

What if agent refuse to amend upper level contract? No point of changing lower level contract when it is not going to reflect upper level contract.

The agent and client should have already agreed and signed the upper level contract.

The only contract left with some clauses which can be changed is the one between you and the agent.

I strongly suggest you search before asking, if your questions are going to be like this as it's clear you have no understanding of what you are doing.

I also suggest you spent the rest of tonight and the early morning doing do before you speak to the agent. Notice I said "speak" not "email".

[sdyson31]

The agent and client should have already agreed and signed the upper level contract.

The only contract left with some clauses which can be changed is the one between you and the agent.

I strongly suggest you search before asking, if your questions are going to be like this as it's clear you have no understanding of what you are doing.

I also suggest you spent the rest of tonight and the early morning doing do before you speak to the agent. Notice I said "speak" not "email".

Having something written in my contract is great, but it won’t protect me in the slightest unless it’s genuine. IR35 depends on working conditions, not the written contract.

HMRC have the power to talk to my end-client direct, and if the client doesn’t agree that for an example I can send a substitute then any clause in the contract is pointless, plus i run the risk of the whole contract being dismissed as a sham so any genuine clauses could be dismissed too.

[northernladuk]

Looks like you are buggered then.

Is this the public sector gig you were going in about earlier?

[sdyson31]

Looks like you are buggered then.

Is this the public sector gig you were going in about earlier?

Its in private sector.

[dx4100]

Having something written in my contract is great, but it won’t protect me in the slightest unless it’s genuine. IR35 depends on working conditions, not the written contract.

HMRC have the power to talk to my end-client direct, and if the client doesn’t agree that for an example I can send a substitute then any clause in the contract is pointless, plus i run the risk of the whole contract being dismissed as a sham so any genuine clauses could be dismissed too.

IPSE+ membership, contract reviews and insurance are your friend....

Look at AbbeyTax and QDOS

[sdyson31]

Agency has confirmed that they won't be able to amend the upper level contract as client uses the global contract template which can't be amended.

I am certain that this contract would fail on substitution clauses as i won't be able to send someone to complete the job. It is up to agency to send someone not me. I know there are other elements in the test but substitution is a key one.

IT contractors warned on IR35 substitution clauses :: Contractor UK

[northernladuk]

Agency has confirmed that they won't be able to amend the upper level contract as client uses the global contract template which can't be amended.

I am certain that this contract would fail on substitution clauses as i won't be able to send someone to complete the job. It is up to agency to send someone not me. I know there are other elements in the test but substitution is a key one.

IT contractors warned on IR35 substitution clauses :: Contractor UK

Time to move on then. You should be still applying all the while this was going on (you did didn't you?) so another role will be along soon.

Welcome to contracting.

[MrMarkyMark]

Agency has confirmed that they won't be able to amend the upper level contract as client uses the global contract template which can't be amended.

I am certain that this contract would fail on substitution clauses as i won't be able to send someone to complete the job. It is up to agency to send someone not me. I know there are other elements in the test but substitution is a key one.

IT contractors warned on IR35 substitution clauses :: Contractor UK

Well, choices are winging it, or bottling it.

HTH.

[missinggreenfields]

Agency has confirmed that they won't be able to amend the upper level contract as client uses the global contract template which can't be amended.

I am certain that this contract would fail on substitution clauses as i won't be able to send someone to complete the job. It is up to agency to send someone not me. I know there are other elements in the test but substitution is a key one.

IT contractors warned on IR35 substitution clauses :: Contractor UK

What are you going to do then?

1) Declare inside IR35 and take the role - maybe ask for an increase now because you have nothing to lose

2) Walk away and find something else

3) Don't declare inside IR35, save the money and hope that either you don't get caught, or you mount a successful defence based on the other pillars of employment if there is an investigation.

I know what I'd do in this situation.