Hays contracts and IR35

[oracleslave]

This may be all heresy, but are you willing to take the risk?

Nope sounds like heresy to me, could just be hearsay though.

[Bumfluff]

I've done one gig via Hays IT. Working as my own ltd co. they had a standard form called I think a HIT20 put together by their lawyers and mine was IR35 compliant. They don't negotiate the content of a HIT20 due to 'legal costs' but they were prepared to negotiate my terms for overtime, etc. They are also the only EB that paid me within 4 working days of me faxing my timesheet and invoice - that's the fastest ever I've been paid.

Hi I've got a new gig that I got direct but the client wants me to go through there onsite agent which is Hays, is HIT20 still about ? I'm due to see the Hays guy tomorrow so I want to ask about it etc

[Qdos Contractor]

Hi I've got a new gig that I got direct but the client wants me to go through there onsite agent which is Hays, is HIT20 still about ? I'm due to see the Hays guy tomorrow so I want to ask about it etc

I haven't seen the HIT20 contract for a little while actually. Other versions are very similar though - look out for the dodgy substitution clause in 3.5 (replacement can be rejected in client's 'sole discretion').

[DeeElvis]

I have had my HAYS contract reviewed before by B&C ... It failed!
B&C were unable to negotiate because HAYS refused to make amendments.

[Bumfluff]

I haven't seen the HIT20 contract for a little while actually. Other versions are very similar though - look out for the dodgy substitution clause in 3.5 (replacement can be rejected in client's 'sole discretion').

I've just seen the contract and indeed it includes clause 3.5 and states 'The client and the employment busiverse reserve the right to refuse and proposed subsititution at there sole discretion'. Is that a no go-er then, should I get this reworded and get them to drop that statement ?

[Fred Bloggs]

add that "the substitution shall not be unreasonably denied".

[Bumfluff]

add that "the substitution shall not be unreasonably denied".

Cheers will see what they say.

[Qdos Contractor]

Remove reference to 'sole discretion' entirely. One look at that and HMRC will be laughing.

Sadly the chances of any changes being made are slim - Hays are painfully obstinate. If you manage it I'll eat all of my hats.

[Qdos Contractor]

The substitution clause isn't the only problem with it by the way. It's badly written from an IR35 perspective all round.

[EllyAu]

Cheers will see what they say.

Hi, any luck with your Hays contract?

I just got a contract through them and it still says the same thing about substitution clause

I wonder if I should try to negotiate with them or is it all in vain?