New Contract not what I expected, starting Tuesday..

[eldy]

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?

[ladymuck]

Who is the MSP?

[eldy]

Who is the MSP?

I'd rather not say. Is there something I need to look out for?

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[LondonManc]

Use your own kit?

WFH?

Work what hours you want?

Andy SDC?

[northernladuk]

Could the above statement alone put me outside IR35?

Not even close. Means nothing.

[eldy]

Use your own kit?

WFH?

Work what hours you want?

Andy SDC?

Due to current situation they are asking me to wfh and use my own kit, but will eventually post out a laptop to me asap.

Contract also states "The Contractor’s daily start times are to be agreed with the Client on an ongoing basis."

Nothing in the contract about SDC which I find unusual as my previous contracts with agencies have this.

[LondonManc]

If you have negligible expenses (wfh tends to indicate that) then there's no big harm in declaring it inside barring the tax take. Better an inside gig than no gig at the moment to be honest. Sounds too borderline for us to give you a decent recommendation so err on the side of caution. If they start talking about client site visits, start talking about expenses.

[ladymuck]

I'd rather not say. Is there something I need to look out for?

Sent from my SM-A705FN using Contractor UK Forum mobile app

Most of the MSP's have been worked via many of the people here. We can give more specific help if we know who you're having to deal with.

Most of the Indian based outfits have no concept of IR35 and think you're an employee, albeit a temporary one, and only use agencies as an intermediary because they couldn't write an IR35 compliant contract if you showed them how in nice bright crayon.

[CheeseSlice]

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...

There's always time to get a review. You just need to hold them off until you're good and ready to set a start date. There are plenty of other companies that will do an IR35 review than QDOS.
Either you wanted to start ASAP, or you were fell for pressure from the agency to sign on the dotted line.

So now you've signed, you're in a legally binding agreement. What motivation will the agent have now to change any of the clauses if you decide you don't like them? Why are you even asking us? Get an IR35 review from a professional.

I probably sound unhelpful, but I'm just trying to tell you of your current situation so hopefully you don't fall for it next time.
I personally once landed myself in a proper legal mess by being pressured into signing on the dotted line. For that reason I'll never do it again.