I received a call from the Agency on late Thursday afternoon with an offer! and start wfh on Tuesday for now
Basically the agency said the contract would come from the client on Friday and that would be the end of their involvement
The client is a MSP, providing the service to the end client (a LTD/funded by grant from government), where I would be eventually located.
So i've received the contract, confidentiality agreement and got to go through SC..
Obviously no time to get QDOS to look at it in time, and im sure they will take some weeks to get back to me considering they are overloaded at moment, so ive signed and sent it back to the client...
Ive always had a contract with an agency for previous contracts, and this particular contract seems odd in that it doesn't have any clauses regarding Substitution or MOO, or timesheet details, or anything about the end client (but does go in detail as to the service the contractor is to provide, contractor being the "ltd"), and also the following looks wooly?
"The Contractor is expected to work on average 7.5 hours a day, plus 30 minutes for a lunch break which is unpaid."
but it does state following
"CAPACITY/INDEPENDENT CONTRACTOR
In providing the services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledged this Agreement does not create a partnership between them and is exclusively a contract for service. "
Could the above statement alone put me outside IR35?
Basically the agency said the contract would come from the client on Friday and that would be the end of their involvement
The client is a MSP, providing the service to the end client (a LTD/funded by grant from government), where I would be eventually located.
So i've received the contract, confidentiality agreement and got to go through SC..
Obviously no time to get QDOS to look at it in time, and im sure they will take some weeks to get back to me considering they are overloaded at moment, so ive signed and sent it back to the client...
Ive always had a contract with an agency for previous contracts, and this particular contract seems odd in that it doesn't have any clauses regarding Substitution or MOO, or timesheet details, or anything about the end client (but does go in detail as to the service the contractor is to provide, contractor being the "ltd"), and also the following looks wooly?
"The Contractor is expected to work on average 7.5 hours a day, plus 30 minutes for a lunch break which is unpaid."
but it does state following
"CAPACITY/INDEPENDENT CONTRACTOR
In providing the services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledged this Agreement does not create a partnership between them and is exclusively a contract for service. "
Could the above statement alone put me outside IR35?
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