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Agency - Working woutout a Contract/IR35 backlog?

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    #21
    Lol. Well the sequence is an agency placing a contractor with an end client after April 6 and expecting them to start working without signed contracts in place, citing that "300 other contracts" needed to go through IR35 compliance checks. Contracts rapidly produced if contractor might walk. Huge amounts of new legalese in the small print about IR35 investigations. Then queries about who should provide SDS and unclear whether the hmrc assessment was done by end client or the agency. Contractor has to assess if the role is IR35 in or out themselves and just go with what you can glean.
    Thankfully a short engagement. Lovely end client team and project are the plus points.

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      #22
      Originally posted by GalContractor2873 View Post
      Lol. Well the sequence is an agency placing a contractor with an end client after April 6 and expecting them to start working without signed contracts in place, citing that "300 other contracts" needed to go through IR35 compliance checks. Contracts rapidly produced if contractor might walk. Huge amounts of new legalese in the small print about IR35 investigations. Then queries about who should provide SDS and unclear whether the hmrc assessment was done by end client or the agency. Contractor has to assess if the role is IR35 in or out themselves and just go with what you can glean.
      Thankfully a short engagement. Lovely end client team and project are the plus points.
      But that is illegal and is fraught with problems. Shame you can't mention the parties in play here.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

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        #23
        Yes. I don't want to be represented by these lot after this job ends.

        They put me forwards for another role which starts when the current one ends.

        Is it bad etiquette to let the end-client (who really want me) know that I'm unlikely to continue being represented by the agency (who put me forward) after my current gig ends. And say they wanted to engage me as an independent contractor, they were welcome to?..

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          #24
          Originally posted by GalContractor2873 View Post
          Is it bad etiquette to let the end-client (who really want me) know that I'm unlikely to continue being represented by the agency (who put me forward) after my current gig ends. And say they wanted to engage me as an independent contractor, they were welcome to?..
          I don't think it's bad etiquette, but you'll need to check for any kind of "handcuff" clause in your contract. Often there will be something to say that you can't work with that client for 6 months (or whatever) after the current contract ends, unless you use the same agent.

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            #25
            Originally posted by hobnob View Post

            I don't think it's bad etiquette, but you'll need to check for any kind of "handcuff" clause in your contract. Often there will be something to say that you can't work with that client for 6 months (or whatever) after the current contract ends, unless you use the same agent.
            What if it is a new client that the agent put me forward for? Am pretty certain I wont want to work with this agent ever again

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              #26
              Originally posted by GalContractor2873 View Post

              What if it is a new client that the agent put me forward for? Am pretty certain I wont want to work with this agent ever again
              No problems if it's a new client. The handcuff that hobnob mention is you cut the agent out with the current client. The agent is expecting commission for your placement and if you try cut that off by going direct or via another agency then they can sue for loss of income.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

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