IR35 & Agency/my Company schedule

[noodz]

Hi,

I'm in the process of agreeing and signing the schedule between my agency and my company.

In order to adhere to IR35, I've been advised to have the schedule amended so that it is between my limited company and the agency, rather than me personally.

So, where I (as the resource) am specified, instead something like 'Employee 101 - Acme Specialist' should be specified as the supplied resource. I would sign the schedule in the capacity of company director.

My company would then separately communicate who employee 101 is.

However, the agency concerned has refused, saying the schedule cannot be changed (the schedule is a word letter format which could easily be amended and not a formatted pdf for example).

Where do I stand on this? Am I able to insist?

Thanks in advance.

[SueEllen]

Insist on it, put up with it or walk away.

Best way to insist is to get your lawyer or review service to give the agency a phone call or send them an email.

[noodz]

Hi SueEllen,

Thanks for the response. I can't help thinking that the agency is just being lazy. Cheers!

[Clare@InTouch]

As long as the main contract is between your limited company and the agency then there's nothing wrong with you being a named Consultant, many agencies do it, provided you also have a decent (and genuine) substitution clause.

Even if the contract does not pass IR35 on the basis of personal service, you could still argue being outside on the basis of Control or Mutuality of Obligation (if they apply, and you can prove they apply in practice).

[LisaContractorUmbrella]

It all depends whether you are referring to the assignment schedule that often accompanies contracts and gives details of the assignment, including the individual who will undertake the work or whether you are referring to the contract itself. The contract should be B2B if you have a Limited Company but I would not have thought the implications for IR35 are particularly big just because the assignment schedule names a particular individual, especially if there is an unfettered substitution clause built into the contract.

[noodz]

There are two documents, 'Terms' (which I guess is the contract) between my company and the agency names my company and I have signed as director and a separate 'Assignment Confirmation Letter' which names me specifically and that is what I was concerned about.

Thanks for your responses, they've been very useful.