Have the contract checked, now what?

**TheFaQQer** · 16 October 2007, 17:17

Originally posted by kesm View Post

Hi all,

Right I had my contract checked for IR35 and luckily it does not fall in.

Now my agent said that we have some admin stuff to go through such as:
The Employment Agencies Act, vetting, passports etc.
She wants me to start tomorrow, but I just want to be careful and actually start when Everything is done.

What should I expect from now on?
Does she send me the contract over email and I accept it or something?
What else do I need to do?
She wants me to start ASAP and I don't trust her really, so I want to make everything right before I show up at the client.

thank you all

If you have had the contract checked, and are happy with it, then send a copy back to the agent. If you haven't got a paper copy, that's fine - the contract that you agreed to is the one that you have got. Make sure when a paper copy arrives, that it matches the one you agreed to from an electronic copy.

If you have already met the client / interviewed / turned up, then it is too late to change the status of whether you are opted into or out of the agency regulations or not. If you opted out BEFORE meeting the client, then you are opted out for the duration of this contract. If you did NOT opt out before meeting the client, then you are opted IN by default. This is something that a lot of agents do not understand - once you have met the client, you cannot opt out any more.

If you are happy with the contract, then you can turn up - anything else is just paperwork to sort out.

Welcome to the real world - it sucks.

**kesm** · 16 October 2007, 21:36

Thank you for the reply. How do I agree on the contract?
What happened so far is that the agent send me a contract that says 'draft' on the title. When I asked why it says draft she said, because the accountant might come back with changes.
So I send the same contract back stating that it is ok with regards to its IR35 status.
Does the agent have to send me another contract or something where it will say final?
How does the agreement on the contract normally happen?

**TheFaQQer** · 17 October 2007, 07:55

Originally posted by kesm View Post

Thank you for the reply. How do I agree on the contract?
What happened so far is that the agent send me a contract that says 'draft' on the title. When I asked why it says draft she said, because the accountant might come back with changes.
So I send the same contract back stating that it is ok with regards to its IR35 status.
Does the agent have to send me another contract or something where it will say final?
How does the agreement on the contract normally happen?

Email them and say that you will be accepting the draft copy. Then ring them just to make sure - I guess their thinking is that you may have wanted to make changes to it, so they can't issue a contract. Strange thinking, since most agencies will send you a contract and then you negotiate (if necessary) - it saves time if there are no changes to make.

The agent will send you a paper copy (normally two copies) of the contract, you sign both and return one, keeping the other one. I always insist that I have an agreed contract before turning up, but it doesn't have to be a paper copy - as long as you have seen the contract and agreed it, then you are good to go.

Best of luck with it all!

**The Lone Gunman** · 17 October 2007, 08:08

Email them and tell them the contract as seen is acceptable.
Point out that any variations in the actual contract will have to be checked. I would add a charge for that (though I have never had to). I would also point out that should any changes change the IR35 status then you reserve the right to refuse the contract or increase your rate.

As for agency regs. As stated above, if you didnt opt out then you are opted in. This status has implications for your agent, implications that they rarely understand. They will insist that they are required to see proof of ID, proof of experience and proof of qualifications. They will do this by asking to see your passport, refs and any certs. The act does not actualy say this, it just states that they are required to be sure of the above. A letter from the MD of your Ltd stating that your Ltd has checked the credentials and warrants them as true should suffice (but they may not accept). An offer to indemnify them against any costs arrising should swing it.

As ever. I am not qualified to offer this advice.

Have the contract checked, now what?