Agency IR35 disclaimer

[gingerjedi]

I've been away for the weekend and came home to an email from my agency asking me to sign this:

I hereby state that all my tax and national insurance contributions are being paid by my Umbrella/Limited Company in line with IR35.

I understand that 'Joe Bloggs agency' are not responsible or liable for the ensuring of the above.

This is a new contract starting on Monday so I am not best pleased to have this dropped on me at the last minute, is this normal practice? I'm a bit concerned that it may imply that I am caught by IR35 or am I reading into it too much?

[malvolio]

If you're with an umbrella, IR35 is totally irrelevant. If you aren't, it's none of their damn business...

[ctdctd]

I had a similar form to sign with my last contract - didn't mention IR35 but wanted me to confirm I was paying full NI on contract value less expenses.
Told them in writing I would not sign as I run my business how I like.

Agent was OK with that.

[BrilloPad]

I've been away for the weekend and came home to an email from my agency asking me to sign this:



This is a new contract starting on Monday so I am not best pleased to have this dropped on me at the last minute, is this normal practice? I'm a bit concerned that it may imply that I am caught by IR35 or am I reading into it too much?

Could you cross out that section of the contract and return?

[gingerjedi]

Could you cross out that section of the contract and return?

I've already signed and returned the contract, this is just a word doc and that’s all it says.

[thunderlizard]

hmm. I'd probably write back saying "none of your bizz" to part 1, but yes to part 2.

[NotAllThere]

I've already signed and returned the contract, this is just a word doc and that’s all it says.

Tell them to get stuffed. Or edit the document to say something more to your liking and send it back. It'll probably never be read.

Some agencies send you the contract as PDF so you can't edit it. But a quick scan and some work with a decent graphic package, and those nasty clauses all disappear.

[kali]

...Some agencies send you the contract as PDF so you can't edit it. But a quick scan and some work with a decent graphic package, and those nasty clauses all disappear.

Oooh, I like your style.

Is that legal - I suppose it is and if they don't question it by the time you start the contract then you're laughing...

[zathras]

I've been away for the weekend and came home to an email from my agency asking me to sign this:



This is a new contract starting on Monday so I am not best pleased to have this dropped on me at the last minute, is this normal practice? I'm a bit concerned that it may imply that I am caught by IR35 or am I reading into it too much?

Surely the correct answer is 'Yes'.

Either you care caught in which case you pay what is owed, or you are not in which case you pay nothing, either way your are paying all the money owed under Ir35.

That is a vagualy sensible reply but I prefer the none of their damn business. Of course this might also be some kind of basterdisation of the debt transfer rules but then unless working via an MSC - in which case you are always caught, the debt transfer regulations are as the poet said, none of their damn business.