EB Regulations - definition of agency / EB

[Limited]

Some of the work I do is as a subcontractor to a consultancy to take on projects, or parts of projects when they don't have their own staff available.

Would this consultancy be bound by the Agency Regs?

Our main agreement was put together before 2003 so didn't account for this. I'm not worried about IR35 but the non compete clause is very restrictive and I'm interested in whether it would actually apply to my company in the absense of any mention of the regulations.

Any ideas?

Thanks

[Limited]

Not necessarily. You are confusing the Accenture's up with the Bloggs Recruitment or Search and Select companies.

Ok so I am working for an Accenture type consultancy. Then they are not bound by the EB Regs and I am bound by the very restrictive non compete clause. Is that right?

While we've made the distiction, for IR35 questions do I need to focus on my relationship with the consultancy rather than the end client then? Can it be argued that I am acting as an employee of the consultancy for the duration of the project even though I'm obviously not an employee of the end client

[oraclesmith]

Ok so I am working for an Accenture type consultancy. Then they are not bound by the EB Regs and I am bound by the very restrictive non compete clause. Is that right?

While we've made the distiction, for IR35 questions do I need to focus on my relationship with the consultancy rather than the end client then? Can it be argued that I am acting as an employee of the consultancy for the duration of the project even though I'm obviously not an employee of the end client

I guess that depends on how you work. Eg. if you have a lot of contact with the consultancy and they tell you which client to work for and how, then the IR35 focus will probably be on your relationship with the consultancy. On the other hand if the consultancy has won a deal with the client which allows them to drop people into the clients workplace and expect them to be line-managed by the clients staff, the working arrangements are more client-centric. Assuming the consultancy is a large corporate and so is the client and your expertise isn't unique, then the opportunities for you to retain some form of practical B2B control over your working arrangements are going to be quite limited, if you'll pardon the pun.

[tim123]

Ok so I am working for an Accenture type consultancy. Then they are not bound by the EB Regs and I am bound by the very restrictive non compete clause. Is that right?

While we've made the distiction, for IR35 questions do I need to focus on my relationship with the consultancy rather than the end client then? Can it be argued that I am acting as an employee of the consultancy for the duration of the project even though I'm obviously not an employee of the end client

Yes that's about right.

If you are one of those bods that Accenture insist look to the client like they are an Accenture employee, I can't for the life of me see how you can get out of IR35.

tim