Just wondering if anybody else had this from Qdos? Failed on several major points after being assured contract was outside IR35.
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Yes. In both cases it was because the substitution clause was fettered. As part of the review they explained why and provided better wording. Sent these to the agent who amended and away we went.
Your next actions would depend on the clause, something minor around working times, fettered sub clause are pretty irrelevant to the agent/client and they just re-word. Any other clauses like handcuffs and termination that protect the client/agent may be more difficult. Some agents will change, others will say they've paid for a legal review and changes may required it to be reviewed again which they aren't willing to do.
Fancy telling us which clauses failed so we can help? -
I'm guessing you're saying Harvey Nash said it was ok and Qdos disagreed? That does happen, Agents aren't generally known for telling the truth about anything.
It's happened to me several times with several agencies over the years. I bet HN also said they have loads of contractors who accept that contract so why are you challenging it. Had that one many times too.Comment
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