Hello
I'm really starting to distrust the agency i'm with, what do you think?
I had to threaten to leave to get them to issue a SDS.. they came back with an outside determination on Friday.. even though they actually did it on the 2nd of March according to the date of the document. In the email they said they will end my current contract and issue a new one that's been fully checked to be good for IR35. I then had to chase them to get a draft copy, so i could review.
Just got a draft copy and it has quite a few new sections like this..
I've been contracting for about 17yrs now and can look at a contract and figure out if there is something iffy... All this sounds very iffy to me.
I have sent it off to be reviewed but what do you think?
To me it looks like there trying to hold back as late as possible to squeeze this though due to the panic of people not wanting to be out of work.
I'm really starting to distrust the agency i'm with, what do you think?
I had to threaten to leave to get them to issue a SDS.. they came back with an outside determination on Friday.. even though they actually did it on the 2nd of March according to the date of the document. In the email they said they will end my current contract and issue a new one that's been fully checked to be good for IR35. I then had to chase them to get a draft copy, so i could review.
Just got a draft copy and it has quite a few new sections like this..
In respect of Off-Payroll, if either the Contractor and/or the Agency initiate the ‘client-led status disagreement process’ (as set out in the HMRC Employment Status Manual) then at the discretion of either the Contractor or the Agency, payment of the Fees to the Contractor maybe withheld until the dispute in respect of a SDS has been resolved.
If it is determined at any time that the Assignment does not fall outside the scope of the IR35 Intermediaries Legislation, the Agency shall be entitled to make whatever deductions from the Fees necessary to satisfy the Agency’s and Contractor’s obligations under Off-Payroll, and the Contractor shall be liable as set out in Clause xxxx
The Contractor shall indemnify in full and on-demand and hold harmless the Agency, the Officers and the End-User against all Losses connected with:
xxxx. any taxes, national insurance contributions, deductions, fines, penalties and/or interest as shall from time to time be due from or assessed on the Contractor and/or the Personnel in connection with this Assignment Contract or which may be imposed upon or accrued by the Agency and/or the End-User as result of this Assignment Contract.
xxxx. any claim by the Personnel relating to employment rights.
xxxx. any claim or demand, howsoever arising, against the Agency or End-User for PAYE Income Tax and/or Employee's and/or Employer's National insurance Contributions and/or Apprentice Levy relating to any Personnel including claims arising out of Off-Payroll.
xxxx. any taxes, national insurance contributions, deductions, fines, penalties and/or interest as shall from time to time be due from or assessed on the Contractor and/or the Personnel in connection with this Assignment Contract or which may be imposed upon or accrued by the Agency and/or the End-User as result of this Assignment Contract.
xxxx. any claim by the Personnel relating to employment rights.
xxxx. any claim or demand, howsoever arising, against the Agency or End-User for PAYE Income Tax and/or Employee's and/or Employer's National insurance Contributions and/or Apprentice Levy relating to any Personnel including claims arising out of Off-Payroll.
I have sent it off to be reviewed but what do you think?
To me it looks like there trying to hold back as late as possible to squeeze this though due to the panic of people not wanting to be out of work.
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