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Contract for service / Contract of service

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    Contract for service / Contract of service

    Not often I venture out of General.

    Semi seasoned contractor, so I like to think I can spot an IR35 blooper in a contract a mile off.

    Just want a read on this situation.

    So on the first page of new contract it reads :

    The Company has agreed to procure the supply of the services of the Contractor to ClientCo.
    Then on the very same page it reads :

    This agreement for services between the Company and the Contractor ...
    Then on page 2

    The Contractor shall ensure and maintain the provision of adequate Public Liability Insurance,
    Professional Indemnity Insurance and any other suitable policies of insurance in respect of the
    Contract, the Representative and the provision of the Services and shall make a copy of the
    policy available to the Company upon request.
    It seems to flip flop between the two, and smells bad to me.

    I challenged it and the response was "we have oodles of contractors using it" and "A reputable law firm" (redacted obviously) has vetted it "to be as IR35 friendly as possible".

    Am I worrying too much or should I be on the phone to B&C?
    Knock first as I might be balancing my chakras.

    #2
    You should be on the phone to B&C/QDOS whatever it says in the contract IMO. First stop is the professionals.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by suityou01 View Post
      Not often I venture out of General.

      Semi seasoned contractor, so I like to think I can spot an IR35 blooper in a contract a mile off.

      Just want a read on this situation.

      So on the first page of new contract it reads :



      Then on the very same page it reads :



      Then on page 2



      It seems to flip flop between the two, and smells bad to me.

      I challenged it and the response was "we have oodles of contractors using it" and "A reputable law firm" (redacted obviously) has vetted it "to be as IR35 friendly as possible".

      Am I worrying too much or should I be on the phone to B&C?



      <bricktop>What have I told you about thinking Suity ? I shouldn't do so much of it if I was you</bricktop>
      When freedom comes along, don't PISH in the water supply.....

      Comment


        #4
        You are definately my "Nemisis" TM

        Sent to QDos. Didn't realise it was so cheap! < £200 for a full IR35 review within 24hrs. No brainer really.

        I did an IR35 review some moons ago and it was an arm and a leg. Wasn't with QDos mind.

        Normally I can scan a contract and be comfortable with it, but this one looks like it was written by a law undergrad.
        Knock first as I might be balancing my chakras.

        Comment


          #5
          Originally posted by suityou01 View Post
          You are definately my "Nemisis" TM
          Be thankful he is on the end of a computer and not telling you face to face
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by northernladuk View Post
            Be thankful he is on the end of a computer and not telling you face to face
            I've heard you get showered in flecks of food and other digestive "flotsam and jetsam".

            Gentlemen, shall we repair to the "General" lounge for some more relaxed chit chat?

            Thanks for your help.
            Knock first as I might be balancing my chakras.

            Comment


              #7
              Is £200 cheap for half an hour's work?
              Originally posted by MaryPoppins
              I'd still not breastfeed a nazi
              Originally posted by vetran
              Urine is quite nourishing

              Comment


                #8
                Originally posted by d000hg View Post
                Is £200 cheap for half an hour's work?
                Given how badly this contract just failed the review, yes.

                Steaming pile of IR35 bait.
                Knock first as I might be balancing my chakras.

                Comment


                  #9
                  This agreement for services between the Company and the Contractor ...
                  Since it says services plural then I'd be happy with the clause, but my opinion isn't worth tulip if you get an investigation.

                  Always and every time, straight to QDos or similar with a new contract IMO.

                  Edit: Just seen you've had a review. Good luck with PimpCo getting the changes made.

                  Comment


                    #10
                    Originally posted by suityou01 View Post
                    Given how badly this contract just failed the review, yes.

                    Steaming pile of IR35 bait.
                    So what are you going to do?
                    Originally posted by MaryPoppins
                    I'd still not breastfeed a nazi
                    Originally posted by vetran
                    Urine is quite nourishing

                    Comment

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