Trying to get wording changed on contract

[Sparky1]

Hi all,

I passed my contract over to my accountant who does Contract Reviews to check for IR35. He suggested some of the wording to be changed regarding the three key areas - substitution, direction/control and MOO.

I passed these comments to the agency to ask for amendments and they've just come back saying:

'Our contracts seek to address common IR35-related issues such as substitution rights and independent working as best they can while still reflecting the obligations we owe to our clients. We consider that the current wording appropriately reflects this. Accordingly, we are not in a position to alter the contracts in a way that would conflict with our client’s expectations or otherwise inaccurately reflect the anticipated working arrangements. On that basis, these provisions cannot be changed.'

Anyone had a blank refusal to amend their contract and what did you do? Push further or just walk away? Its a Spring Technology Contract by the way.

Cheers

S

[TheFaQQer]

Anyone had a blank refusal to amend their contract and what did you do? Push further or just walk away?

Those are your choices.

Rather than use an accountant, I would get someone with a legal background to review the contract for you and then ask them to negotiate with the agency on your behalf. If the lawyers still see it as a fail, and the agency won't budge then you have a choice to make on what to do.

[northernladuk]

TheFaQQer's back!

[Scruff]

Hi all,

I passed my contract over to my accountant who does Contract Reviews to check for IR35. He suggested some of the wording to be changed regarding the three key areas - substitution, direction/control and MOO.

I passed these comments to the agency to ask for amendments and they've just come back saying:

'Our contracts seek to address common IR35-related issues such as substitution rights and independent working as best they can while still reflecting the obligations we owe to our clients. We consider that the current wording appropriately reflects this. Accordingly, we are not in a position to alter the contracts in a way that would conflict with our client’s expectations or otherwise inaccurately reflect the anticipated working arrangements. On that basis, these provisions cannot be changed.'

Anyone had a blank refusal to amend their contract and what did you do? Push further or just walk away? Its a Spring Technology Contract by the way.

Cheers

S

I would pay QDOS for a Professional Review. If you have IR35 Insurance through them, this is probably the best way forward.

[northernladuk]

I would pay QDOS for a Professional Review. If you have IR35 Insurance through them, this is probably the best way forward.

He should get IPSE+ as well shouldn't he?

[Scruff]

He should get IPSE+ as well shouldn't he?

That was my next post, you ruined it

[SlipTheJab]

He should get IPSE+ as well shouldn't he?

Quick get the referral in sharpish, Amazon Vouchers are waiting!

[billridley]

Contract wording changes

Is it QDOS who will also carry out a negotiation with the Agent to get a contract changed, or is that someone else? I haven't had much luck in the past in getting 'standard' contract wording changed.

Has anyone used this service, and if so, how successful were you (or your representative) in getting the Agent / Insurer to change the contract wording. Also, what is the approximate cost please, and does this depend on whether you take insurances out at the same time. Mine are all due for renewal with a new contract starting next week.

Thanks for any advice.

Cheers

[northernladuk]

Quick get the referral in sharpish, Amazon Vouchers are waiting!

Nah. Scruffs got this one covered.

[Qdos Contractor]

Is it QDOS who will also carry out a negotiation with the Agent to get a contract changed, or is that someone else?

Yes, we do that.