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Agency - Working woutout a Contract/IR35 backlog?

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    #31
    Originally posted by GalContractor2873 View Post
    This is a brand new contract. New client. Same representative agency. It doesn't seem right that e.g. you've been working stacking shelves for Tesco.
    Now they want you at M&S and have just given you a paper that says 'you're now there' without asking you to sign the conditions of the new role
    Inside or outside?

    There are two elements to the engagement. The SOW about what you are engaged to do and the T&C's about how you get paid, notice and so on. The SOW must be different as you are carrying out a different role, the T&C's between you and the agency are the same so can continue for engagement to engagement. It's not very good practice but if, and that's a big if at this point, the two things are in place as mentioned then you should be covered. You must be signing for something starting with a new client surely?

    Sounds like you are in some sort of contract with the agent to pimp you out as an employee of the agency rather than a true B2B contract style situation but we can only guess with what you are telling us

    It's difficult to say as you aren't really giving us hard facts to go on. You haven't said what the new piece of paper tells you or the engagement style so hard to advise.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #32
      All Outside IR35.

      No, their head of compliance have said that no signatures are necessary since its like 'going into a shop' apparently.

      I suspect the pimping situation sounds most likely. The T&C says that I'm working on behalf of one of the agency consultants rather than the supply of my limited to the client.

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        #33
        The whole thing sounds dodgy. It's almost like they're doing some kind of tax evasion and don't want any paper trail.

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          #34
          Very dodgy! Have you received an SDS? Either for the original end client or the new one?
          Who would be liable for taxes, etc, if it was found to be Inside, and if HMRC knock on your door, how are you going to explain the business relationship?
          You could run it past QDOS or similar, but I'd find another contract and run asap.

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            #35
            Originally posted by velcro View Post
            Very dodgy! Have you received an SDS? Either for the original end client or the new one?
            Who would be liable for taxes, etc, if it was found to be Inside, and if HMRC knock on your door, how are you going to explain the business relationship?
            You could run it past QDOS or similar, but I'd find another contract and run asap.
            Once again - there is no need for an SDS to be issued until after the contract has begun.
            merely at clientco for the entertainment

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              #36
              My reply when agency are "too busy" to sort contract is :-

              Not my circus, not my monkeys, work late and sort it......
              Rhyddid i lofnod psychocandy!!!!

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                #37
                Originally posted by eek View Post

                Once again - there is no need for an SDS to be issued until after the contract has begun.
                No need but looking at the mess some people are in you should move heaven and earth to make sure you have one before it starts.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

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                  #38
                  Originally posted by psychocandy View Post
                  My reply when agency are "too busy" to sort contract is :-

                  Not my circus, not my monkeys, work late and sort it......
                  Cool story bro... that will sort it.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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