Query on some points in a contract

[midnite70]

I will be getting my contract professionally reviewed but I have a couple of questions over some items in the contract that I would appreciate some feedback on

The contract has a schedule (Which i am sure is normal) and states my place of work, day rate, and role. However it does not include duties along with the role. I do however have a job description of the duties and skills required. Would the lack of duties in the contract be a cause for concern?

Secondly the contract makes no mention for invoicing expenses when working away from the main place of work. I have already queried this with the agency and they tell me (via email) that this is normal. It doesn't mention expenses but like wise doesn't exclude expenses. The agency has said that if the expense are approved by the end client then they will pay them. Again what are peoples thoughts on this, would you expect expenses to be explicitly included?

Thanks

[BigTime]

Would the lack of duties in the contract be a cause for concern?
No, not if it's described elsewhere and the role should give a high level.

Would you expect expenses to be explicitly included?
If the agent says approved expenses will be paid then it's not a problem. I've worked with an agency before that needed a line item on the PO to cover expected future expenses and wouldn't pay them without it but this was only once.

[northernladuk]

I will be getting my contract professionally reviewed but I have a couple of questions over some items in the contract that I would appreciate some feedback on

The contract has a schedule (Which i am sure is normal) and states my place of work, day rate, and role. However it does not include duties along with the role. I do however have a job description of the duties and skills required. Would the lack of duties in the contract be a cause for concern?

Just becareful here. Terms like 'job description' are not helpful in themselves. What would be best would be to have a list of deliverables along with your responsibilities. The wording is very important as you have to be distancing yourself from wooly permanent type descriptions and moving towards a delivery options like a company. One of the main failings of the JLJ case was he was there so long he started accepting generic role type descriptions with the detail being decided by the client so looking like an employee type role and being directed in his daily duties.

Get it reviewed first but just bear in mind the differences between how a permie works and how a company delivers. Tradesman examples generally are not that good but think about how you get a plumber to do some work. You don't engage him on general plumbing duties to be defined as seen fit by the client. You engage him to fix your sink.

[kaiser78]

It is also beneficial for IR35 not to state place of work on the shedule, or something along the lines of 'flexibility of location' if you can.

[midnite70]

Thanks for the feedback.

Expenses not to worry about then, and as it happens I have had sent through to me today the expense claim process so this seems fairly straight forward and nothing to worry about.

In terms of location the schedule actually states client name, client address and site address if different. The site address is left blank. I think I will ask for the site address to be removed, this way it only has a client address with no reference one way or another to actual work location. Do you think this would be a reasonable position to take if it was questioned by HMRC, that is it states noting one way or another?

I have also identified something from the job description that I can ask to be added to the schedule. It is more specific to the duties and therefore is along the lines of a role of a plumber but specifcally to repair the sink.

Thanks everyone

[SueEllen]

In terms of location the schedule actually states client name, client address and site address if different. The site address is left blank. I think I will ask for the site address to be removed, this way it only has a client address with no reference one way or another to actual work location. Do you think this would be a reasonable position to take if it was questioned by HMRC, that is it states noting one way or another?

It's your actual working practices that are taken into consideration.

Also client's have security requirements which you must adhere to which means you may only be able to work on a specific site/location.

[Wanderer]

Secondly the contract makes no mention for invoicing expenses when working away from the main place of work.

If expenses are not explicitly included then I wouldn't presume that they are going to be paid. Seriously, agencies will tell you any old bulltulip, don't take them on their word.

Talk to the agency about it and get it written into the schedule that the agency will pay "reasonable travel, subsistence and accomodation expenses when working away from the normal place of work at XXXXXXX" so there are no "misunderstandings" later on.

[midnite70]

Thanks for all the responses. I have managed to get all of the changed incorporated into the schedule so it is now much more robust. Thanks