Help!

[Caerleon9176]

I have been a contractor thru an umbrella in the past and had 5 years of engagement thru that means, this was all pre IR35..i think.

I have a dormant ltd company that i want to use via contract i have just been awarded for supplying myself as a contract mechanical engineer and i am due to start Tuesday next week.

The issue i have is that the agency (bless them) have given me a Personnel Services Contract which they claim is outside of IR35 as it is not a Managed Service Contract - i am not that hot on the IR35 issue and had sent them a compliant contract between us which they have refused to sign.

I'm used to agencies with this single sided contracts mentality which basically says im liable for everything and doesnt allow me time of within the contract period and i can be dismissed instantly for whatever reason they deem fit which i dont agree with.

Are they blowing smoke up my never way by offering this PSC? or can i still work under the contract and be compliant?

You help is appriciated.

[Andy Hallett]

From memory IR35 came into force in 2000, so I assume your company must be very dormant.

The agency haven't got the clearest grasp of the PSC, MSC and IR35 issues by the sounds of it.

Get a review on the contract they have supplied you. It may be fine, it may be woeful or with a few tweaks it may be suitable. Ultimately what you are actually doing on the contract will determine your status with respect to IR35.

If a contractor sent us their own contract, we would politely decline.

[administrator]

What Andy said, speak to QDOS or Bauer & Cottrell and get them to review the contract the agency has sent you.

[Caerleon9176]

Thanks - i have emailed them and payed for the initial review.

I spoke to the Agy on Friday and they wont budge on the issue basically they know i need work and claim that they never had any issues before with contractors, it's waiting in my inbox to esign and they are hoping that in desperation i will just sign my life away, but i wont, i will miss the start date or not take it at all if im only going to get bitten later on down the line.

She didnt seem to take my point that an agreement has to be mutual i.e. i have to have a say! I cant edit the contract either as its in PDF/Esigning.

Thanks for your pointers i have done all of them.

[psychocandy]

Thanks - i have emailed them and payed for the initial review.

I spoke to the Agy on Friday and they wont budge on the issue basically they know i need work and claim that they never had any issues before with contractors, it's waiting in my inbox to esign and they are hoping that in desperation i will just sign my life away, but i wont, i will miss the start date or not take it at all if im only going to get bitten later on down the line.

She didnt seem to take my point that an agreement has to be mutual i.e. i have to have a say! I cant edit the contract either as its in PDF/Esigning.

Thanks for your pointers i have done all of them.

Same same old from agent. The old never had issues before bollax.

Good for you sticking up.

[Caerleon9176]

Ok I used QDOS in the end and they have checked the PSC contract and state that it passes with some minor changes which the agency shouldnt have a problem with.

I have also added a change about the dismissal clause, i have put down the notice period should be 7 days either on both parties - theyhave replied since this morning so i will await the outcome an see if i still have this contract.

Thanks again all for your advice.

[northernladuk]

You're grammer and spelling is appauling.

[GlenW]

Your grammar and spelling are appalling.

FTFY

[northernladuk]

FTFY

This is too easy

[GlenW]

This is too easy :igm

Ah! You were being clever?