Terms Of Engagement

[DCS]

Hi all

I am very new to the contracting world, in fact still a permie with everything lined upto go in the new year including a contract.

I am happy with the rate but the EB has sent through their "terms of engagement" and an "assignment summary" do these constitute a contract??

Being a little on the green side I was expecting a full contract as can be downloaded from other EB's and the PCG, is this not the case???

Also there are a couple of clauses which prevent right of substitution and mention direct and ultimate control by the client also they have used my personal name not my Ltd company name am I correct in thinking these are bad in so far as IR35 is concerned.

Any help would be gratefully recieved

Cheers

DCS

[TheFaQQer]

Yes it constitutes a contract.

And it's within IR35, so you'll pay more tax.

HTH

[DCS]

Hi Cheers for the post

I have managed to negotiate the terms of engagement so that my ltd company is named not myself specifically and I have right of substitution.

I've had the control clauses removed and a specific clause added for my autonomy when carrying out assignments, also got a clause in for ruling out mutuality of obligation.

All this considered, and the way I conduct the rest of my business I think this to be enough to push me outside the IR35 rule . . . . . . . . What do you think?

Cheers

SMD