First Contract

[too_many_details]

Hi all,

just been offered my first contract. I have read on here that its a good idea to have your contract checked for IR35 (by QDOS for example).

Thing is the agency says that they have standard contracts and are a bit nervous if it takes too long to check the contract and make changes. I am due to start monday and so they would like all the paperwork done this week.

If the agency contract is a standard one, do i really need it checked? Perhaps i should get the insurance instead?

Any advice appreciated,

R

[Hex]

Get it checked. Ask them to e-mail you a copy and send it straight off to QDOS or Bauer & Cottrell, be sure to tell them when you need the review by - the timeframe you've given seems OK to me. Get it started today.

Quite often they'll come back the same day with a summary over the phone. The written report takes longer.

Don't trust what the agency tell you - they're looking after themselves. You must get your own professional opinion IMHO.

[Gonzo]

Hi all,

just been offered my first contract. I have read on here that its a good idea to have your contract checked for IR35 (by QDOS for example).

Thing is the agency says that they have standard contracts and are a bit nervous if it takes too long to check the contract and make changes. I am due to start monday and so they would like all the paperwork done this week.

If the agency contract is a standard one, do i really need it checked? Perhaps i should get the insurance instead?

Any advice appreciated,

R

Yes, get it checked. The agency are just trying to protect themselves by getting you to sign asap.

[too_many_details]

Hi,

I have sent the contracts to QDOS for checking. They said they should get to it today. Was i right to opt out of the "The Conduct of Employment Agencies and Employment Businesses Regulations 2003"? I am a limited company.

Cheers

R

[MrRobin]

Opting out of the regs is a pointer to being outside IR35. You did the right thing.

[malvolio]

Opting out of the regs is a pointer to being outside IR35. You did the right thing.

No it isn't, but let's not start that argument again.

You did the right thing if it got you a more business-like contract (becuase by opting out you saved the agency a lot of work and hassle) which in turn is a good-for-IR35 thing.

[Hex]

Don't forget that you are doing the agency a favour by opting out. They have less adminstrative work to do if you opt out and they carry less risk.

So, if they give you any grief about changing the contract to make it outside IR35 you can threaten to opt in (before the contract starts). This may give you some bargaining power to get the contract changed the way you want it.

[too_many_details]

Hi,

well, QDOS have come back with a list of amendments. Not sure how the agency will take it. Will post back what they say.

R

[TheFaQQer]

If the agency won't make the changes that you are being advised, then if it were me, I would be prepared to walk.

Given the choice between essentially having to pay IR35, or look for another gig, I'd be looking. The client knows they want you, so you could be in a good position.

[The Lone Gunman]

Hi,

well, QDOS have come back with a list of amendments. Not sure how the agency will take it. Will post back what they say.

R

Point out that as their contract is inside IR35 you will want a higher rate to achieve the same take home. That might motivate them.