Do I really need a contract?

[stillooking]

You can comment and reword as much as you like, all I ask is if you're going to quote me, you do it accurately in the professional boards.

are you sponsored or just traffic noise?

[malvolio]

are you sponsored or just traffic noise?

Neither, actually.

Nor am I trying to sell my services without appearing to do so. Clearly you've read the Ts&Cs, perhaps you could stick to them? Or have the cojones to be honest about it.

[stillooking]

Neither, actually. - hard to believe, on both counts

Nor am I trying to sell my services without appearing to do so. - Clearly you've read the Ts&Cs, perhaps you could stick to them? Or have the cojones to be honest about it. -

I'd imagine you're v. familiar with the t & c's. I'm not sure what you are implying, perhaps I'm mistaken but I'm always open in approach and can recognise who's turning a coin.

[maui50]

What exactly are you expecting from this review? Are you wanting to know if you are in or out of IR35? Surely you can do a quick read up on IR35 and check yourself for complete clangers so you have an idea of the lay of the land. What are you going to do with this information? Get them to re-word the contract to show you are out? At the end of the day it is the working practice which dictates if you are in our out. If the contract doesn't mention working times then it indicates out. If your client insists you clock in and 9 and out at 5 and book holidays through him you are classed as in. (rough examples and small part of IR35 granted but just for example)

Use what you know of the situation on site and don't worry too much about the IR35 aspect of your contract. As I say, however much work you put in to make it out, if you are working inside you are inside.

That would be a good first check before you go off spending time and money trying to fudge letters on paper needlessly. At the end of the day it only affects the way you are taxed as well.

Will the client change it even if you do spot problems? Some agencies won't deviate for love nor money so you are wasting everyones time.

Everyone is right, do get it checked but use ask why and what you hope to achieve and use a bit of common before doing it.

Yep - working practices are obviously a big part of it, but as I said, I noticed a lot of big obvious IR35 issues in the contract and that's what I wanted to get checked out - substitution being the biggest issue on my mind. I had a contract reviewed last year and with the info from that, I knew these were the big things to look out for in future contracts.

Thanks to advice earlier, I've now gotten the PCG template, amended it and offered it back to the client this morning. All they can say is no and I have a few weeks of potential discussion before they need me to start. The PCG version did have some clauses like control etc, which I like the look of - and the rest of it seems suitably generic for the client, so hopefully they'll bite. Otherwise, I'll have to take a view about whether to keep going on about it or just sign whatever they give me!

Cheers all.

[Boo]

They've offered me a contract, which at first glance...

...So one suggestion is that for the next month or so, while all this is happening, that I simply get on with the work, based on a purchase order from them - and invoice them at the end of the month. After all, I'm just like a stationery supplier right? They buy my services, I get them to pay for my services.

But is this safe? Or should I wait for a formal contract? Does anyone else work in this way and have you gotten on ok?

My understanding is that the most recent terms on the table take effect if you begin work without agreeing / signing terms first. Their terms on the PO may be different from the ones in the proffered contract but, either way, I would not commence until I had a satisfactory agreement signed and in place beforehand.

Boo