Contractor indemnifying Agency

[TheFaQQer]

It's the usual old story. If you hire an electrician to sort out your home, he's not going to give you a notice period and freck off half way through the job, is he?

My builder did.

Mind you he wasn't a very nice person.

[To BI or not to BI?]

My builder did.

Mind you he wasn't a very nice person.

See? Not a nice person, hence he should fail IR35. It's that simple!!

[DodgyAgent]

1. The agency is trying to ensure that you are not a employee but if you operate under a limited company/umbrella company then you can't be an employee as the contract is with your limited company/umbrella company not you as an individual so the clause is not needed. So get it removed.

2. Allowing them to terminate the contract for no good reason is unfair on your business. Get it altered.

If they refuse to then you are going to have to walk.

Before you walk consider two things:

1. What are the chances of them terminating the contract for "no good reason"?
2. If they do terminate for "no good reason" what is the risk to you? well it is a month's notice is it not.

But yes be all means negotiate with them anyway. Is it an energy company that you are going to?

[SueEllen]

But yes be all means negotiate with them anyway. Is it an energy company that you are going to?

Bl**** agents!

[beaker]

Bl**** agents!

I've opened a can of worms...

[Muttley08]

Before you walk consider two things:

1. What are the chances of them terminating the contract for "no good reason"?
2. If they do terminate for "no good reason" what is the risk to you? well it is a month's notice is it not.

But yes be all means negotiate with them anyway. Is it an energy company that you are going to?

Good points - if you go in, do a good job, then there wont be a problem - you've got the agency wanting to keep you there, and they aint gona mess you about. If it's not a good gig and they're playing silly sausages (avoiding childish swear words filter on this poxy thing), then don't worry move on....I always think if it's a good place, you can impress and then everything's in your control agents and client.

[peace]

Right to terminate, whether good or bad for IR35, can be argued in any way. For me, this is not about being inside or outside. Its just that even I should have the right to walk off, not wait for the current period to expire.
Electrician, plumber,.. all are paid by the task they do, not hourly/daily. That logic doesnt apply to daily rate contractors, where its not essentially a single task/project finished till the end.

Agent - its a financial client. And I wont walk off for this clause. Anyhow, the agency has agreed to add the right on my part.

I am more concerned of 1st point, which I am still discussing with the agency. Explained them from my side and what Sue suggested. Lets see..