Signing Opt-in/Opt out Working Regulations and not PAYE contractor

[cojak]

Also, when you said “I stated…” was this in writing or verbally?

If verbal, send them a stiff email reiterating that statement.

[Willy Win]

Also, when you said “I stated…” was this in writing or verbally?

If verbal, send them a stiff email reiterating that statement.

It was verbal. In fact, everytime I have emailed, the consultant just rings me back rather than replying. This has been going on for the last week, since requesting changes. I'm starting to think that this is just delay tactics, that he has no intention of making any changes and probably will carry on in this vain right up to the moment I am expected to start. His last update was in mentioning what will be happening in my first week. Not sure whether anyone else has experienced this but I have never experienced such blatantly ignorant behaviour in an attempt for me to just accept the contract and get on with it regardless.

[cojak]

It was verbal. In fact, everytime I have emailed, the consultant just rings me back rather than replying. This has been going on for the last week, since requesting changes. I'm starting to think that this is just delay tactics, that he has no intention of making any changes and probably will do right up to the moment I am expected to start.

Quelle surprise…

[SueEllen]

It was verbal. In fact, everytime I have emailed, the consultant just rings me back rather than replying. This has been going on for the last week, since requesting changes. I'm starting to think that this is just delay tactics, that he has no intention of making any changes and probably will carry on in this vain right up to the moment I am expected to start. His last update was in mentioning what will be happening in my first week. Not sure whether anyone else has experienced this but I have never experienced such blatantly ignorant behaviour in an attempt for me to just accept the contract and get on with it regardless.

Start looking for another contract immediately there is no need to accept this contract. Your gut and our collective instinct is right.

And follow Cojak's advice about the other things.

[Willy Win]

My proposal to the agency was to change to an Inside determination with an uplift in the daily rate but I'm not sure this would be likely at this stage.

There is no way I would accept the status quo, particularly as there is a clause included in the contract that basically states that if HMRC challenged the outside IR35 status and deems it inside, then I will have to indemnify both agency and end client for all taxes, NI contributions, legal costs etc. I doubt that that a large recruitment agency would remove such a clause. It seems, from reading a few of the other posts here that this is becoming a common theme.

[PerfectStorm]

Some clients talk as if Docusigns are carved into stone tablet, but they usually find around the 5pm of the day before the gig that they are, in fact, editable documents. Either sign it on the understanding that that title doesn't make much difference (the proper contract and working practises do) or stand your ground. You'll be grand either way.

[dsc]

It was verbal. In fact, everytime I have emailed, the consultant just rings me back rather than replying. This has been going on for the last week, since requesting changes. I'm starting to think that this is just delay tactics, that he has no intention of making any changes and probably will carry on in this vain right up to the moment I am expected to start. His last update was in mentioning what will be happening in my first week. Not sure whether anyone else has experienced this but I have never experienced such blatantly ignorant behaviour in an attempt for me to just accept the contract and get on with it regardless.

Even if the contract checks out as being outside, it doesn't mean the client wants this role to be outside, they might've simply said everything is inside, but the consultant is trying to drop you in one saying yeah yeah it's all good just sign. I'd send them an email stating what you want and that you won't start without the requirements met.

Also as usual, keep looking elsewhere.

[ladymuck]

Even if the contract checks out as being outside, it doesn't mean the client wants this role to be outside, they might've simply said everything is inside, but the consultant is trying to drop you in one saying yeah yeah it's all good just sign. I'd send them an email stating what you want and that you won't start without the requirements met.

Also as usual, keep looking elsewhere.

I wouldn't sign a contract without the SDS being issued.

Yeah I know it doesn't have to be issued until client pays the agency in 47 years' time but it damn well should be up front.

[dsc]

I wouldn't sign a contract without the SDS being issued.

Yeah I know it doesn't have to be issued until client pays the agency in 47 years' time but it damn well should be up front.

Agreed, also the law should forbid any changes in the determination, but as we've seen from so many threads here, it does feck all about that. If it was forbidden to change determination, then perhaps clients would take it seriously (and it would stop the whole "ah screw the contractor, tell him / her it's outside and later on we will say it's inside" approach).

[Paracelsus]

There is no way I would accept the status quo, particularly as there is a clause included in the contract that basically states that if HMRC challenged the outside IR35 status and deems it inside, then I will have to indemnify both agency and end client for all taxes, NI contributions, legal costs etc. I doubt that that a large recruitment agency would remove such a clause. It seems, from reading a few of the other posts here that this is becoming a common theme.

Yep, the agency I'm contracting through at the moment has the same clause. Unsure if it would hold up legally (can one indemnify a third party against taxes owed *by* the third party?) but it's dirty regardless.