Contract...hmm.

[Sockpuppet]

Got a new contract through for some ad-hoc work. Not going to get it checked professionally as its only 4 days work from home so I am not that fussed.

Just wondering does 2.3 mean anything or will the revenue laugh at it and 2.4 I'm guessing this isn't a non-substitution clause. In my world doesn't say I can't use who I want to do the work just that I can't pass it on to a third party company...then again I'm probably wrong.

Not that worried about the IR35 on this. Its a low value contract - done along side other work for major client co mostly remotely.

2.3 From a client perspective the Consultant will be perceived as a <Client> employee operating fully under <Client> branding and direction although it is hereby acknowledged that the Contractor and or Consultant is an independent company and as such shall not for the purposes of employment law taxation or otherwise, be regarded as an employee of <Client> or the Client. The Consultant will not divulge to the client the nature of the Consultant or Contractor relationship without pre agreement in writing by a Director of <Client> Limited.
2.4 Neither the Contractor nor the Consultant shall not be entitled to assign nor sub-contract any of its rights or obligations under the contract and the contractor and or consultant cannot enter into any other commercial agreements with the client for a period of 12 months after the completion of the specified project without the pre agreement in writing by a Director of <Client> Limited.

[ratewhore]

2.3 seems fundamentally flawed to me.
2.4 12 months seems harsh considering it is only a 4 day piece of work.

For ad-hoc work is it not more worthwhile drafting some generic terms and conditions, rather than use a contract like this?

[malvolio]

2.3 is slightly contradictory, although it puts you firmly inside IR35 due to the degree of control and non-separation it requires.

Agreed, for 4 days (and assuming you're looking looking at repeat business) you would be better off working through a PO and a set of general Ts&Cs. NDAs and IPR agreements will cover the client's obvious paranoia

[TheFaQQer]

2.3 means that you can't tell the end client that you work for yourself, you need to pretend to work for the consulatncy in the middle. I've seen it a few times in different guises - your client is getting paid lots and they don't want to reveal that having won the contract they haven't got the staff to deliver it.

I'd be concerned about a 12 month restriction given that you're only there for 4 days. Doesn't seem to be a reasonable restriction to me, and I'd try to get it taken out. If they won't take it out, tell them you're not interested - it's not like it's a long term gig that you're throwing away!

[miffy]

I agree with RW's thoughts, can't you give them a template of your own (or a PCG jobbie instead)?

If not, it's only 4 days work though like you say, I can't imagine the IR would be even arsed looking at that even if you ever did get raided.

I wouldn't be too scared off, but then what if 4 days turns into 4 weeks...

[Sockpuppet]

I was wondering that...this whole "gig" just seems a bit wierd.

First off I got approached by an agent for a large rec agent....using his personal e-mail as his work one was having difficulties. He gave me this guys contract details then I sort of arranged the interview myself. He has now dissapeared.

I'll do the work as its cash at the end of the day even at full PAYE and its such a small amount (in the grand scheme of things) that I pay myself £12k/year PAYE anyway so I can easily claim that this money is in there if they find out that I am IR35 caught for this contract.

[TheFaQQer]

I was wondering that...this whole "gig" just seems a bit wierd.

First off I got approached by an agent for a large rec agent....using his personal e-mail as his work one was having difficulties. He gave me this guys contract details then I sort of arranged the interview myself. He has now dissapeared.

I'll do the work as its cash at the end of the day even at full PAYE and its such a small amount (in the grand scheme of things) that I pay myself £12k/year PAYE anyway so I can easily claim that this money is in there if they find out that I am IR35 caught for this contract.

As said - I'd be more worried about the 12 months thing than being IR35 caught for this one. If you're caught, then you've already paid PAYE on it. But 12 months is ridiculous.

[Sockpuppet]

I wouldn't be too scared off, but then what if 4 days turns into 4 weeks...

It can't. On a contract for <main client co> so I am doing this work on the side - while sitting at cleint Co and billing them for the same day. Hell if all the work gets done then everyone is happy.

[Sockpuppet]

As said - I'd be more worried about the 12 months thing than being IR35 caught for this one. If you're caught, then you've already paid PAYE on it. But 12 months is ridiculous.

Yeah, I'll have a word. Its a large company so I am wondering how this would work. If I happen to get a contract with this company (the end client) thought say another agency and took the contract - would I be in a commercial relationship with the end client or the agency.

[TheFaQQer]

Yeah, I'll have a word. Its a large company so I am wondering how this would work. If I happen to get a contract with this company (the end client) thought say another agency and took the contract - would I be in a commercial relationship with the end client or the agency.

Yes.