Already signed the contract with agency, client wants me to sign again

[ASB]

I have personally signed a number of non disclosure agreements with clients over the years.

The potential problem they are trying to address is you personally abusing the IP for your own ends. If they have an agreement with your co - either directly or via the agency then it may be difficult to enforce that upon you personally. e.g. you quit your co, incorporate a new company and then abuse the IP. Although you are bound by that it would be more difficult to attack you personally in those circumstances. Would they really be able to make it stick, should your old company be responsible for your actions when you are no longer employed by them?

As to changes in contractual conditions regarding locations, hours etc that is a different thing and should be dealt with through the normal contractual chain. Side agreements are common, but potentially dangerous where it relates to control etc.

[d000hg]

On the client’s contract, she rewrote the Duties, Termination, location service occurs, and how many days I can be absent. She added additional contractual conditions which is a big red flag for me.

She's having a laugh. If you want to avoid a lengthy discussion, just say your contract with the agency forbids you signing things directly with the client, so she'll have to contact the agency.

[kingcook]

On the client’s contract, she rewrote the Duties, Termination, location service occurs, and how many days I can be absent. She added additional contractual conditions which is a big red flag for me.

Increase your rate by 30%/40%/50% or whatever you feel appropriate now that you could possibly fail IR35 tests WRT control???

[Wanderer]

She's having a laugh. If you want to avoid a lengthy discussion, just say your contract with the agency forbids you signing things directly with the client, so she'll have to contact the agency.

Agree with this and what everyone else said. Tell her to "talk to the pimp" because you aren't signing anything directly with the client who you have no contractual relationship with and you are certainly not going to enter into any agreement in any capacity other than a Limited Liability Company.

If they didn't negotiate properly with the agency then they need to sort that out, not come direct to you with a pile of twaddle.

[7of9]

Agree with this and what everyone else said. Tell her to "talk to the pimp" because you aren't signing anything directly with the client who you have no contractual relationship with and you are certainly not going to enter into any agreement in any capacity other than a Limited Liability Company.

If they didn't negotiate properly with the agency then they need to sort that out, not come direct to you with a pile of twaddle.

They are talking...Apparently she said its OK to sign the side agreement, but my 'pimp' said it may put me in danger of IR35..

Lets see....

[JamJarST]

They are talking...Apparently she said its OK to sign the side agreement, but my 'pimp' said it may put me in danger of IR35..

Lets see....

IMHO it definitely puts you inside IR35. It is clear direction and control and also would imply MOO. I would refuse to sign on those grounds alone.

[TheFaQQer]

If you are a member of PCG then I'd speak to their legal advice line and see what they recommend - being able to say to her that you've taken professional advice might hold a bit more sway than a bunch of nutters on the internet say it's rubbish.

[7of9]

My agent has asked me not to sign anything until their legal department gets back to him. He said I should not have two agreements signed and it may put me in IR35.

[d000hg]

IMHO it definitely puts you inside IR35. It is clear direction and control and also would imply MOO. I would refuse to sign on those grounds alone.

IR35 is not decided on you failing any one of the key tests.

[JamJarST]

IR35 is not decided on you failing any one of the key tests.

Can you expand on that?