QDOS say Hyphen contract is IR35 fail - anyone managed to get Hyphen to amend?

[Casablanca]

I have the opt-out version of the contract and I will review it against the other one in detail tonight. I have also requested Hyphen address the QDOS feedback.

Or:
[*]accept the opt-out contract, sign the opt-out, withdraw the opt-out an hour before you start the contract and then declare yourself outside IR35 and prove that the reality puts you outside.

Or does that not work? I forget.

That is what I am tending towards. After all, if my understanding is correct, the opt-out is invalid anyway since I have already been introduced to the client.

[SueEllen]

That is what I am tending towards. After all, if my understanding is correct, the opt-out is invalid anyway since I have already been introduced to the client.

The fact that you accepted it though would weaken any legal arguments you had. I would do everything possible not to accept the opt-out contract and make sure you put all your protestations in writing.

[Contreras]

Or:
[*]accept the opt-out contract, sign the opt-out, withdraw the opt-out an hour before you start the contract and then declare yourself outside IR35 and prove that the reality puts you outside.

Or does that not work? I forget.

Does it? I thought the opt-out agreement lasts for the duration of any subsequent contract. You can withdraw your agreement to the opt-out at any time but then the agency is within rights to cancel the contract and offer to renew with the opt-in version (or not at all).

[SueEllen]

Does it? I thought the opt-out agreement lasts for the duration of any subsequent contract. You can withdraw your agreement to the opt-out at any time but then the agency is within rights to cancel the contract and offer to renew with the opt-in version (or not at all).

As long as the client is dumb it is within your right to tell them what's going on and explain the advantages to them of not opting-out.

[speling bee]

Does it? I thought the opt-out agreement lasts for the duration of any subsequent contract. You can withdraw your agreement to the opt-out at any time but then the agency is within rights to cancel the contract and offer to renew with the opt-in version (or not at all).

But your foot is in the client's door so you have the upper hand.

[Contreras]

As long as the client is dumb it is within your right to tell them what's going on and explain the advantages to them of not opting-out.

But your foot is in the client's door so you have the upper hand.

True. The client won't want to lose their chosen contractor and the agent won't want to lose their commission. It does beg the question why opt-out and then withdraw at the last minute, instead of negotiating the contract terms appropriately.

OK I can see how that is one tactic, but it could backfire too.

[speling bee]

True. The client won't want to lose their chosen contractor and the agent won't want to lose their commission. It does beg the question why opt-out and then withdraw at the last minute, instead of negotiating the contract terms appropriately.

OK I can see how that is one tactic, but it could backfire too.

If Hyphen are unwilling to negotiate, this may be the only way.

[Casablanca]

update

Hyphen have replied that they have a "QDOS specific addendum" which will be added to my contract by COB today. I am interested to see what that says. I presume it has been drafted in response to other people's contract reviews

[TheFaQQer]

Hyphen have replied that they have a "QDOS specific addendum" which will be added to my contract by COB today. I am interested to see what that says. I presume it has been drafted in response to other people's contract reviews

Makes you wonder why they don't include it by standard.

[speling bee]

Makes you wonder why they don't include it by standard.

Add a Hyphen surcharge.