Why sign a contract before you start?

[Hiram King Of Tyre]

At the end of the day I'm not an IR35 expert so it's not really practical to delete any parts I'm not happy with.

Another sections says that I should submit expenses via their system. If this is for approval, it may be OK but as far as I'm aware, all expenses should be claimed through an invoice rather than a system that 'employees'use.

[northernladuk]

At the end of the day I'm not an IR35 expert so it's not really practical to delete any parts I'm not happy with.

Another sections says that I should submit expenses via their system. If this is for approval, it may be OK but as far as I'm aware, all expenses should be claimed through an invoice rather than a system that 'employees'use.

Expenses through the company is very bad. You are independant LTD contracted to the client. If you are made to do things the same as a permie you are likely to fall in to IR35. The key phrase is direction and control. You should have your own processes for certain things and not use client systems for holiday booking, expenses etc. There are some processes you are allowed to follow as it is the way they work and there are others that are nothing to do with the way you deliver.

You can ask approval to spend of course, but not have them pay it for you or expense you.

There are no clear guidlines so you will have to read up and understand to make sure you are as independant as possible. Ask lots of questions (or search on here) if you are not sure.

[Hiram King Of Tyre]

Exactly.....these are not conditions of my contract and that's why I'm concerned.

[jmo21]

I agree with Marillion Fan.

These are policy documents, not your contract.

The one about expenses.... do you plan to submit any expenses? Are expenses mentioned in the main contract?

[Hiram King Of Tyre]

What's the difference? If I sign a declaration that I have read, understand and agree to conform to a policy, are you saying that's not then a contractual obligation?

My contract says that payment terms are 7 days from receipt of invoice provided that the client has authorised the expenses. That's what I would expect. Not that I use the system that employees use and then they pay me without an invoice. I guess if I always invoiced as soon as expenses & timesheets were approved, then I would not be aware of what the trigger was but that's different to signing up and agreeing to it.....

[jmo21]

Just seems like a lot of worrying over nothing to me, but then I haven't read all the docs you have.

[Hiram King Of Tyre]

Why do you say that? They are very 'employee' orientated and do indicate excessive control to my mind. It's no good waiting for an IR35 investigation and then saying I didn't THINK it was an issue. The bottom line is that I had my contract reviewed by Qdos and if I then go signing documents that they haven't reviewed, then I'm sure they could wriggle out of any insurance liability (if I take their insurance out)

What's the point in going through a contract review if the client is then going to undermine what I have contractually agreed with the agency

[SueEllen]

Why do you say that?

Because if you have had a lot of short contracts it's not worth HMRC turning you over.

[Hiram King Of Tyre]

Because if you have had a lot of short contracts it's not worth HMRC turning you over.

If the issue isn't resolved, this could be a very short contract. What's the market like out there?

[SueEllen]

If the issue isn't resolved, this could be a very short contract. What's the market like out there?

OK for me.

I suggest you start looking asap while negotiating the changes in this contract. If they take to long and fail, or simply don't come through then at least you have somewhere else to go.