Contract Extension Question

[phayes]

Hi,

I have been offered an extension and the agent has just sent an email stating that the end date has been extended, I have some concerns as when I usually get an extension i get a new contract.

The terms are remaining the same, its just the end date that is changing.

Is this normal.?

Paul.

[northernladuk]

Hi,

I have been offered an extension and the agent has just sent an email stating that the end date has been extended, I have some concerns as when I usually get an extension i get a new contract.

The terms are remaining the same, its just the end date that is changing.

Is this normal.?

Paul.

Does your original contract have start and end dates in? If you have passed the end date in it then it is worthless going forward. You either need them to modify the first contract and extend the date and all parties sign it or they issue you a new one with the new dates.

You can of course carry on working as there is still an impled contract in place I beleive. Malvolio knows more about this so maybe he can comment. The fact you are there and they let you be there means there is some agreement between you both. Saying that it will be a bugger to prove anything if it goes tits up and they ask you to leave there and then.

Get a new contract with new dates. Everything else can stay the same if nothing has changed in your role.

If you are now doing a different role make sure that job description is exactly what you are doing though. To be given new work that is different to your contract would make you look under client control which isn't IR35 friendly.

[thunderlizard]

That should be OK. The important thing is that the intention is clearly understood both parties. I'd write (or ask them to write) a page that says something like "x and y agree that their agreement dated 01/01/09 is amended such that the end date is 31/12/10" and get it countersigned, as I prefer something on paper.

[mavster07]

From an IR35 perspective, you should ALWAYS get a new contract. Always keep it formal I say as it just makes your life easier in so many ways. Vary the tasks and role somewhat to show you have added new project work if need be.......makes you look more like a contractor than a permie.

[blacjac]

From an IR35 perspective, you should ALWAYS get a new contract. Always keep it formal I say as it just makes your life easier in so many ways. Vary the tasks and role somewhat to show you have added new project work if need be.......makes you look more like a contractor than a permie.

Why and how?

Sounds like bollocks to me.

[northernladuk]

Why and how?

Sounds like bollocks to me.

Have to agree with this. Varying your role has no impact on IR35 at all. If you are contracted to do a piece of work in an environment that shows you are delivering a service and not a hidden permie is fine for as long as you want. Varying your skills and work has nothing to do with IR35 unless it is due to the client directing you to do more work.

I don't know about not having a contract being an IR35 pointer but it is just common sense.

[phayes]

Thanks

Thanks for that, I have just requested a contract for the extension, the last contract was sent as a pdf signed, is this ok, do i need a hard paper copy?

P.

[SueEllen]

Thanks for that, I have just requested a contract for the extension, the last contract was sent as a pdf signed, is this ok, do i need a hard paper copy?

P.

It's fine.

Electronic documents i.e. emails can be contracts as long as all parties names can be clearly understood on them. So a nickname or firstname like "blacjac" won't be but a fullname like "Mr B. Smith" will be.

[phayes]

It's fine.

Electronic documents i.e. emails can be contracts as long as all parties names can be clearly understood on them. So a nickname or firstname like "blacjac" won't be but a fullname like "Mr B. Smith" will be.

Nice one, many thanks.

Paul.

[SueEllen]

Nice one, many thanks.

Just a word of warning - don't use your real name on these threads as they pop up in google.

If one day you are asking more in depth advice about a real contract you could lose it.