Ir35 - Agency/Client Contracts

[Emily]

Hi guys

How IR35 'friendly' do you find most Agency/Client contracts?

Cheers

[SueEllen]

Depends on the agency.

What's the issue? Is your agency trying to play with you?

[Epiphone]

Not at all. Always get them checked, you know it makes sense.

[Bluebird]

Hi guys

How IR35 'friendly' do you find most Agency/Client contracts?

Cheers

Don't foregt IR35 is not just about the contract, it's about the working practices as well.

If the WP are IR35 freindly, then the contract should reflect this and be ok.

If they are NOT, and you use an IR35 contract that does not reflect what is happening you could end up in trouble...

[malvolio]

Hi guys

How IR35 'friendly' do you find most Agency/Client contracts?

Cheers

Most of us never see the Client/Agency contract, so can't really answer. However, it depends on the agency, you will find the bigger ones usually have a blanket agreement that provides "staff" nominally "employed" by the "Consultancy" (for which read "Agency pretending to be a resourcing consultancy"), the idea being to protect the client from employment claims by making the contractor look to the client like an employee of the agency.

So in IR35 terms, the few I've seen have been completely off the radar...

[Emily]

I just wondered what you guys thought - I work for an IT Consultancy firm who will at some point be bringing on some Interim Consultants and we want to know how we can make it easier for contractors to work with us. We will be wanting the best guys around as the projects are very valuable to us, so we want to make things as easy as possible for them - and as compliant as possible. All of your views are much appreciated

IR35 is a total minefield!

[malvolio]

I just wondered what you guys thought - I work for an IT Consultancy firm who will at some point be bringing on some Interim Consultants and we want to know how we can make it easier for contractors to work with us. We will be wanting the best guys around as the projects are very valuable to us, so we want to make things as easy as possible for them - and as compliant as possible. All of your views are much appreciated

IR35 is a total minefield!

Simple - go read the PM I just sent you....

[Denny]

Hi guys

How IR35 'friendly' do you find most Agency/Client contracts?

Cheers

Think wolf dressed as Red Riding Hood.

[Emily]

I do look rather fetching in red, Denny

[NotAllThere]

I just wondered what you guys thought - I work for an IT Consultancy firm who will at some point be bringing on some Interim Consultants and we want to know how we can make it easier for contractors to work with us. We will be wanting the best guys around as the projects are very valuable to us, so we want to make things as easy as possible for them - and as compliant as possible. All of your views are much appreciated

IR35 is a total minefield!

The easiest way, if you can find the right candidates, is to take them on direct. That's what I did for one of my projects, using the PCG direct contract templates.

If you have to use an agency, I'd get a sample contract (client/agency and agency/contract), and get it reviewed by one of the legal companies often advertised here, to make sure it is outside IR35. I'd also enforce a transparent margin policy on the agencies.